Mississippi Legislature

1999 Regular Session

House Bill 785

[Introduced] [Committee Substitute] [Passed House] [Sent to Governor]

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History of Actions

Amendments

Background

Title

Description: Public Employees' Retirement System and Highway Patrol Retirement System laws; amend various provisions of.

History of Actions:

101/08/99(H)Referred To Appropriations
202/01/99(H)Title Suff Do Pass Comm Sub
302/03/99(H)Committee Substitute Adopted
402/03/99(H)Passed
502/05/99(H)Transmitted To Senate
602/09/99(S)Referred To Finance
703/02/99(S)Title Suff Do Pass As Amended
803/10/99(S)Amended
903/10/99(S)Passed As Amended
1003/11/99(S)Returned For Concurrence
1103/17/99(H)Decline to Concur/Invite Conf
1203/19/99(H)Conferees Named Capps,Perry,McCoy
1303/27/99(S)Conferees Named Bryan,Canon,Johnson (38th)
1403/29/99(H)Conference Report Filed
1503/29/99(S)Conference Report Filed
1603/30/99(S)Conference Report Adopted
1703/30/99(H)Conference Report Adopted
1804/06/99(H)Enrolled Bill Signed
1904/07/99(S)Enrolled Bill Signed
2004/21/99Approved by Governor

Amendments/Conference Report:

Adopted [S] Amendment No 1
Adopted [S] Amendment No 1 to Amendment No 1
Pending [S] Amendment No 2 to Amendment No 1

Conference Report

Background Information:

Effective dateJuly 1, 1999
DispositionLaw
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredNo
Chapter number544

House Committee:

Senate Committee:

Principal Author: Perry

Additional Author: McCoy

Code Sections: A 025-0011-0109, A 025-0011-0115, A 025-0011-0117, A 025-0011-0120, A 025-0011-0123, A 025-0011-0137, A 025-0011-0409, A 025-0013-0013, A 025-0013-0016, A 025-0013-0021, A 025-0013-0025, A 021-0029-0105, A 025-0011-0411, A 025-0011-0103

Title: AN ACT TO AMEND SECTION 25-11-109, MISSISSIPPI CODE OF 1972, TO ALLOW AN INACTIVE VESTED MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PURCHASE OUT-OF-STATE AND PROFESSIONAL LEAVE CREDIT; TO AMEND SECTION 25-11-115, MISSISSIPPI CODE OF 1972, TO CLARIFY A MEMBER'S ANNUITY TO BE THE VALUE OF THE ANNUITY SAVINGS ACCOUNT FOR THE MEMBER; TO AMEND SECTION 25-11-117, MISSISSIPPI CODE OF 1972, TO AUTHORIZE REPAYMENT OF A REFUND UPON REEMPLOYMENT IN A COVERED POSITION; TO CODIFY SECTION 25-11-118, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE RETIREMENT SYSTEM TO ACCEPT ELIGIBLE ROLL OVER DISTRIBUTIONS FOR THE PURPOSE OF REPAYING A REFUND OR PURCHASING OPTIONAL SERVICE CREDIT; TO AMEND SECTION 25-11-120, MISSISSIPPI CODE OF 1972, TO DEFINE WHAT CONSTITUTES A RECORD FOR APPEAL PURPOSES; TO AMEND SECTION 25-11-123, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT DELINQUENT EMPLOYEE CONTRIBUTIONS PLUS ACCRUED INTEREST WILL BE THE OBLIGATION OF THE EMPLOYEE, AND DELINQUENT EMPLOYER CONTRIBUTIONS PLUS ACCRUED INTEREST WILL BE THE OBLIGATION OF THE EMPLOYER; TO AUTHORIZE THE EMPLOYER, IN ITS DISCRETION, TO PAY THE ACCRUED INTEREST ON DELINQUENT EMPLOYEE CONTRIBUTIONS; TO AMEND SECTION 25-11-137, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONLY ESTABLISHED LAW ENFORCEMENT OR FIRE DEPARTMENT SERVICE COVERED BY A RETIREMENT SYSTEM IN THE STATE OF MISSISSIPPI IS ELIGIBLE FOR THE TRANSFER OF CREDIT TO ANOTHER RETIREMENT SYSTEM; TO PROVIDE THAT A MEMBER MAY TRANSFER SUCH CREDIT AFTER HAVING COMPLETED THE MINIMUM ELIGIBILITY PERIOD FOR MONTHLY BENEFITS; TO AMEND SECTION 25-11-409, MISSISSIPPI CODE OF 1972, TO REDUCE FROM NINETY TO THIRTY DAYS THE PERIOD FOR ENROLLMENT IN THE OPTIONAL RETIREMENT PROGRAM; TO AMEND SECTION 25-13-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE MEMBER AND BENEFICIARY DIE BEFORE HAVING RECEIVED IN BENEFITS AN AMOUNT EQUAL TO THE TOTAL OF THE CONTRIBUTIONS AND ACCRUED INTEREST OF THE MEMBER AT THE TIME OF RETIREMENT, THE BALANCE WILL BE REFUNDED TO THE DESIGNATED BENEFICIARY OR BY STATUTORY SUCCESSION; TO PROVIDE THAT PAYMENT OF DEATH BENEFITS UNDER THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM TO A SPOUSE OR CHILD SHALL BE IN ACCORDANCE WITH THE STATUTORY PROVISIONS SET FORTH AS OF THE DATE OF DEATH; TO AMEND SECTION 25-13-16, MISSISSIPPI CODE OF 1972, TO DEFINE ANNUITY AS THE ANNUITY SAVINGS ACCOUNT UNDER THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM; TO AUTHORIZE A RETIREE WHO RETIRED BEFORE OR AFTER JULY 1, 1999, AND WHOSE DESIGNATED BENEFICIARY PREDECEASED OR PREDECEASES HIM OR WHOSE DESIGNATED BENEFICIARY IS OR WAS THE SPOUSE AND THE MARRIAGE IS OR WAS DISSOLVED TO ELECT TO HAVE BENEFITS RECALCULATED TO RECEIVE THE MAXIMUM BENEFITS; TO AUTHORIZE A RETIREE WHO RETIRED BEFORE OR AFTER JULY 1, 1999, WHO MARRIED, MARRIES OR REMARRIES, AND THE SPOUSE IS NOT THE SAME SPOUSE MARRIED TO THE MEMBER AT THE TIME OF RETIREMENT, TO ELECT TO RECEIVE A REDUCED RETIREMENT ALLOWANCE UNDER OPTION 2 OR OPTION 4-A; TO REMOVE THE COST TO THE RETIREE FOR THE RIGHT TO ELECT TO HAVE BENEFITS RECALCULATED TO RECEIVE THE MAXIMUM BENEFITS TO PROVIDE THAT NO PAYMENTS UNDER THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM MAY BE MADE FOR A PERIOD IN EXCESS OF THAT ALLOWED BY FEDERAL LAW; TO PROVIDE THAT IF A MEMBER AND HIS BENEFICIARY BOTH DIE BEFORE HAVING RECEIVED IN MONTHLY BENEFITS AN AMOUNT EQUAL TO THE CONTRIBUTIONS AND ACCRUED INTEREST OF THE MEMBER AT THE TIME OF RETIREMENT, THE BALANCE WILL BE REFUNDED TO THE ESTATE OF THE SURVIVOR OF THE RETIRANT AND HIS BENEFICIARY; TO PROVIDE THAT THE RETIREMENT ALLOWANCE FOR ANY RETIRED MEMBER WHO RETIRED UNDER OPTION 2(5) OR OPTION 4-A(5) WHO IS STILL RECEIVING BENEFITS ON JULY 1, 1999, WILL BE INCREASED BY AN AMOUNT EQUAL TO THE AMOUNT THEY WOULD HAVE RECEIVED UNDER OPTION 2 OR OPTION 4-A WITHOUT THE REDUCTION FOR OPTION 5; TO AMEND SECTION 25-13-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A MEMBER OF THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM OR ELIGIBLE BENEFICIARY WHO IS ELIGIBLE FOR A REFUND TO ELECT TO HAVE AN ELIGIBLE ROLL OVER DISTRIBUTION OF ACCUMULATED CONTRIBUTIONS PAID DIRECTLY TO AN ELIGIBLE RETIREMENT PLAN OR INDIVIDUAL RETIREMENT ACCOUNT; TO ALLOW REPAYMENT OF A REFUND UPON THE REEMPLOYMENT OF A MEMBER IN A POSITION COVERED BY THE SYSTEM; TO PROVIDE THAT THE REPAYMENT SHALL BE IN INCREMENTS OF NOT LESS THAN ONE-FOURTH-YEAR OF CREDITABLE SERVICE; TO PROVIDE THAT THE REPURCHASED SERVICE CREDIT SHALL NOT BE ELIGIBLE TO BE USED IN THE CALCULATION OF BENEFITS UNTIL THE MEMBER HAS COMPLETED FIVE YEARS OF MEMBERSHIP AFTER REENTERING THE SYSTEM; TO CODIFY SECTION 25-13-22, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM TO ACCEPT AN ELIGIBLE ROLL OVER DISTRIBUTION OR A DIRECT TRANSFER OF FUNDS FROM ANOTHER QUALIFIED PLAN IN PAYMENT OF ALL OR A PORTION OF THE COST TO PURCHASE OPTIONAL SERVICE CREDIT OR REINSTATE PREVIOUSLY WITHDRAWN SERVICE CREDIT; TO AMEND SECTION 25-13-25, MISSISSIPPI CODE OF 1972, TO INCREASE THE MEMBERSHIP OF THE ADMINISTRATIVE BOARD FOR THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM TO INCLUDE ONE RETIRED MEMBER OF THE SYSTEM ELECTED BY THE RETIRED MEMBERS OF THE SYSTEM; TO CODIFY SECTION 21-29-323, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MONTHLY BENEFITS PAYABLE TO A SPOUSE IN THE EVENT OF THE DEATH OF A MEMBER OF A CITY FIREMEN'S AND POLICEMAN'S DISABILITY AND RELIEF FUND BEFORE RETIREMENT OR OF A RETIREE AFTER RETIREMENT SHALL BE DIVIDED AND PAID TO OR FOR THE BENEFIT OF ANY DEPENDENT CHILDREN OF THE DECEASED MEMBER OR RETIREE IN AN AMOUNT EQUAL TO 10% FOR ONE DEPENDENT CHILD, 20% FOR TWO DEPENDENT CHILDREN OR 30% FOR THREE OR MORE DEPENDENT CHILDREN; TO PROVIDE THAT IF THERE ARE MORE THAN THREE DEPENDENT CHILDREN, WHEN THE OLDEST CHILD CEASES TO QUALIFY THE BENEFITS WILL BE REDISTRIBUTED TO THE REMAINING DEPENDENT CHILDREN; TO PROVIDE THAT BENEFITS MAY BE PAID TO THE SURVIVING PARENT OR LAWFUL CUSTODIAN OF SUCH CHILDREN FOR THE USE AND BENEFIT OF THE CHILDREN WITHOUT THE NECESSITY OF APPOINTMENT OF A GUARDIAN; TO AMEND SECTION 21-29-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RETIRED FIREMEN AND POLICEMEN MAY PARTICIPATE IN ELECTIONS TO CHOOSE MEMBERS OF THE DISABILITY AND RELIEF BOARD THAT ADVISES THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ON THEIR MUNICIPAL FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUND; TO PROVIDE THAT RETIRED FIREMEN AND POLICEMEN ARE ELIGIBLE TO SERVE AS MEMBERS OF SUCH BOARD; TO AMEND SECTION 25-11-411, MISSISSIPPI CODE OF 1972, TO REVISE THE PERCENTAGES OF THE EMPLOYER'S CONTRIBUTIONS TO THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF STATE INSTITUTIONS OF HIGHER LEARNING THAT IS TO BE ALLOCATED TO THE PARTICIPANTS' CONTRACTS AND TO THE RETIREMENT SYSTEM'S ACCRUED LIABILITY CONTRIBUTION FUND; TO AMEND SECTION 25-11-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY MEMBER IN A COVERED POSITION IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHO IS ALSO EMPLOYED BY ANOTHER COVERED AGENCY OR POLITICAL SUBDIVISION SHALL HAVE THAT ADDITIONAL EMPLOYMENT REPORTED TO THE RETIREMENT SYSTEM; TO REQUIRE THE EMPLOYER TO DETERMINE WHETHER AN EMPLOYEE WHO DOES NOT MEET THE CRITERIA FOR COVERAGE IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BASED ON THE POSITION HELD BECOMES ELIGIBLE FOR COVERAGE BASED UPON EMPLOYMENT IN A COVERED AGENCY OR POLITICAL SUBDIVISION; TO REQUIRE THE EMPLOYER TO WITHHOLD CONTRIBUTIONS AND REPORT WAGES FROM THE NONCOVERED POSITION WHEN THE EMPLOYEE MEETS THE ELIGIBILITY CRITERIA FOR COVERAGE IN THAT POSITION; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 04/28/99 at 00:00.



End Of Document

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