NM Hosp. Ass'n v. AT & SF MEM. HOSP.

734 P.2d 748, 105 N.M. 508
CourtNew Mexico Supreme Court
DecidedMarch 3, 1987
Docket16497
StatusPublished

This text of 734 P.2d 748 (NM Hosp. Ass'n v. AT & SF MEM. HOSP.) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
NM Hosp. Ass'n v. AT & SF MEM. HOSP., 734 P.2d 748, 105 N.M. 508 (N.M. 1987).

Opinion

734 P.2d 748 (1987)
105 N.M. 508

NEW MEXICO HOSPITAL ASSOCIATION, Plaintiff-Appellee.
v.
A.T. & S.F. MEMORIAL HOSPITALS, INC., Defendant-Appellant.

No. 16497.

Supreme Court of New Mexico.

March 3, 1987.

*749 Sutin, Thayer & Browne, P.C., John A. Bannerman, Martha J. Kaser, Frank C. Salazar, Albuquerque, for plaintiff-appellee.

Modrall, Sperling, Roehl, Harris & Sisk, P.A., R.E. Thompson, Jeffrey Twersky, Dale B. Eppler, Albuquerque, for defendant-appellant.

OPINION

WALTERS, Justice.

Plaintiff New Mexico Hospital Association (NMHA), as the representative of an unemployment compensation group fund, sued defendant A.T. & S.F. Memorial Hospitals (Memorial), a member of the fund, to recover compensatory and punitive damages for breach of a May 1982 contract entitled "Agreement to Participate in New Mexico Hospital Association Private Joint Unemployment Compensation Plan." The dispute concerns how much Memorial owed to the group fund for unemployment compensation benefits reimbursed by the fund to the State Employment Security Department for Memorial's former employees who had been laid off when Memorial closed its Albuquerque hospital.

Memorial relies on NMSA 1978, Section 51-1-13(E) (Repl.Pamp. 1983) as providing a statutory limitation to its liability to the fund, arguing as well that the contract itself limits its liability. The trial court determined that the formula in Section 51-1-13(E) was inapplicable, and that Memorial was obliged under the terms of the contract to reimburse NMHA the full amount of benefits that had been paid, plus administrative expenses incurred. The final judgment, including costs and post-judgment interest, was $261,986.97. Memorial appeals the amount awarded; NMHA cross-appeals the denial of punitive damages. We affirm.

We have not previously decided whether the formula contained in Section 51-1-13(E) of the Unemployment Compensation Act, NMSA 1978, Sections 51-1-1 to -53 (Repl. Pamp. 1983 and Cum.Supp. 1986), for computation of a group member's liability in some circumstances, is applicable to a benefit reimbursement situation as is here presented. Section 51-1-13(E) provides:

Two or more employers that have become liable for payments in lieu of contributions * * * may file a joint application for the establishment of a group account for the purpose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each application shall identify and authorize *750 a group representative to act as the group's agent for the purpose of this subsection * * *. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar quarter in the amount that bears the same ratio to the total benefits paid in the quarter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment for such member during the quarter bear to the total wages paid during the quarter for service performed in the employ of all members of the group. The secretary shall prescribe regulations as he deems necessary with respect to applications for establishment, maintenance and termination of group accounts that are authorized by this subsection, for addition of new members to, and withdrawal of active members from, the accounts and for the determination of the amounts that are payable under this subsection by members of the group and the time and manner of payments.

I.

In construing an act, all parts of the act must be read together. Tudesque v. New Mexico State Bd. of Barber Examiners, 65 N.M. 42, 331 P.2d 1104 (1958). The Unemployment Compensation Act was enacted "for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own." NMSA 1978, § 51-1-3 (Repl.Pamp. 1983). An underlying, but equally important, purpose of the Act is to insure that the Employment Security Department will have sufficient funds to meet the needs of unemployed workers. The Department is primarily funded by contributions from employers. Each quarter, "contributing" employers pay a fixed rate determined by adjusting a specified percentage of wages paid according to the employer's benefit experience. NMSA 1978, §§ 51-1-9, -11(H) (Repl.Pamp. 1983 and Cum.Supp. 1986). All contributions are pooled and are nonrefundable, even though no actual benefits are paid out on behalf of an individual employer. NMSA 1978, § 51-1-11(D) (Cum.Supp. 1986).

To lessen the economic burden for some organizations, the legislature has provided for exceptions to this method of funding. See NMSA 1978, §§ 51-1-13(A), -14(B), -16 (Repl.Pamp. 1983). Specifically, NMSA 1978, Section 51-1-13(A) (Repl.Pamp. 1983), permits a nonprofit employer, such as Memorial, to become a "reimbursing" rather than a "contributing" employer, and to elect to make payments "equal to the amount of regular benefits and of one-half the extended benefits paid" to employees by the Department. Id. These "payments in lieu of contributions" will ordinarily be less than the amount an employer would be required to pay as a contributing employer.

Memorial unsuccessfully argued below, and renews that argument here, that Subsection 51-1-13(E) controls the amount it is required to reimburse NMHA for payment of benefits to its former employees. That subsection, quoted above, provides that reimbursing non-profit employers may form a group "for the purpose of sharing the cost of benefits paid." Memorial says that the portion of Section 51-1-13(E) providing for each member's "payments [to the group's account] * * * in the amount * * * [bearing] the same ratio to the total benefits paid * * * [for employees] of all members of the group as the total wages paid * [to all employees of] such member * * * bear[s] to the total wages paid * * * [by] all members of the group," means that all members of the group share to some extent in paying the benefits liability of every other member. For instance, if member A's payroll constituted 1/10 of the total wages paid by all of the group members, A would only have to reimburse 1/10 of the benefits paid out, even though A's former employees may have been the only former employees receiving unemployment benefits during the period for which reimbursement was billed.

It is certainly not unreasonable to so read Subsection (E). But it cannot be read in a vacuum. If we were to accept Memorial's argument, we would have to ignore *751 and render meaningless Subsection (B) of the same statute:

B. Payments in lieu of contributions shall be made in accordance with the provisions of this subsection.
(1) At the end of each calendar quarter, or at the end of any other period as determined by the secretary, the department shall bill each nonprofit organization (or group of such organizations) which has elected to make payments in lieu of contributions for an amount equal to the full amount of regular benefits plus one-half of the amount of extended benefits paid during such quarter or other prescribed period that is attributable to service in the employ of such organization (Emphasis added.)

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734 P.2d 748 (New Mexico Supreme Court, 1987)

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734 P.2d 748, 105 N.M. 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nm-hosp-assn-v-at-sf-mem-hosp-nm-1987.