1997 Regular Session
By: Representative Robinson (63rd)
House Bill 1272
AN ACT TO AMEND SECTION 25-11-127, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PERSON WHO IS RECEIVING A RETIREMENT ALLOWANCE UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM SHALL BE REEMPLOYED OR PAID FOR ANY SERVICE BY THE STATE OF MISSISSIPPI OR ANY OF ITS AGENCIES OR SUBDIVISIONS PARTICIPATING IN THE RETIREMENT SYSTEM, EXCEPT AS AN INDEPENDENT CONTRACTOR; TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM SHALL PRESCRIBE THE CRITERIA THAT MUST BE MET BY A RETIRED MEMBER TO PERFORM SERVICES FOR A COVERED EMPLOYER AS AN INDEPENDENT CONTRACTOR WHILE CONTINUING TO RECEIVE A RETIREMENT ALLOWANCE; TO AMEND SECTION 25-9-120, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-11-127, Mississippi Code of 1972, is amended as follows:
25-11-127. No person who is being paid a retirement allowance or a pension after retirement under this article shall be employed or reemployed or paid for any service by the State of Mississippi or any of its departments, agencies or subdivisions that are participating in the Public Employees' Retirement System, except as an independent contractor. This section applies to all retired members of the system employed or reemployed by any covered employer as (a) an employee, (b) a contractual employee or worker, or (c) any other contract personnel who does not meet the criteria of an independent contractor, as determined by the board of trustees of the system. The board of trustees of the system shall prescribe by regulation the criteria that must be met by a retired member to perform services for a covered employer as an independent contractor while continuing to receive a retirement allowance under this article.
Any person who has been retired under the provisions of Articles 1 and 3 and who is later reemployed in service covered by this article shall cease to receive benefits under this article and shall again become a contributing member of the retirement system with contributions paid by both the employer and the employee. When any such person retires again, if his reemployment exceeds six (6) months, he shall have his benefit recomputed, including service after again becoming a member. * * * The total retirement allowance paid to the retired member in his previous retirement shall be deducted from his retirement reserve and taken into consideration in recalculating the retirement allowance under a new option selected. * * *
The board of trustees of the retirement system may prescribe rules and regulations for * * * carrying out the provisions of this section.
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SECTION 2. Section 25-9-120, Mississippi Code of 1972, is amended as follows:
25-9-120. Contract personnel, whether classified as contract workers or independent contractors shall not be deemed state service or non state service employees of the State of Mississippi, and shall not be eligible to participate in the Public Employees' Retirement System, or the state employee health plan, nor be allowed credit for personal and sick leave and other leave benefits as employees of the State of Mississippi, notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151; 25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23 and for the purpose set forth herein. * * *
SECTION 3. This act shall take effect and be in force from and after July 1, 1997.