MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education; Appropriations

By: Representatives Manning, Morris, Livingston, Bailey

AN ACT ENTITLED THE "MISSISSIPPI CRITICAL TEACHER SHORTAGE ACT OF 1998"; TO ESTABLISH THE CRITICAL NEEDS TEACHER SCHOLARSHIP PROGRAM FOR THE PURPOSE OF AWARDING FULL SCHOLARSHIPS TO FULL-TIME AND PART-TIME COLLEGE STUDENTS AGREEING TO TEACH IN A GEOGRAPHICAL CRITICAL TEACHER SHORTAGE AREA OF THE STATE; TO AMEND SECTION 37-143-11, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE CONVERSION OF LOANS INTO SCHOLARSHIPS UNDER THE WILLIAM F. WINTER TEACHER SCHOLAR LOAN PROGRAM SHALL BE AT A RATE OF TWO SEMESTERS SERVICE FOR EACH YEAR A LOAN WAS RECEIVED; TO AMEND SECTION 37-149-1, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE POSITION OF PROFESSIONAL TEACHER RECRUITER WITHIN THE MISSISSIPPI TEACHER CENTER; TO CREATE NEW SECTION 37-149-7, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE DUTIES OF PROFESSIONAL TEACHER RECRUITERS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REIMBURSE LICENSED TEACHERS FOR MOVING EXPENSES WHEN SUCH TEACHERS RELOCATE IN ORDER TO TEACH IN A GEOGRAPHICAL CRITICAL TEACHER SHORTAGE AREA OF THE STATE; TO AUTHORIZE LOCAL SCHOOL BOARDS IN GEOGRAPHICAL CRITICAL TEACHER SHORTAGE AREAS TO REIMBURSE TEACHER APPLICANTS FOR TRAVEL EXPENSES TO AND FROM THEIR INTERVIEW; TO AMEND SECTION 37-9-77, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO REIMBURSE SCHOOL DISTRICTS FOR THE SALARIES PAID BY THE DISTRICTS TO TEACHERS PARTICIPATING IN THE SCHOOL ADMINISTRATOR SABBATICAL PROGRAM; TO AMEND SECTION 37-17-8, MISSISSIPPI CODE OF 1972, TO REQUIRE THIRTY PERCENT OF SCHOOL DISTRICTS' IN-SERVICE TRAINING FOR ADMINISTRATORS AND TEACHERS TO BE DEDICATED TO SCHOOL DISCIPLINE TECHNIQUES; TO REQUIRE ALL TEACHER EDUCATION PROGRAMS TO INCLUDE MANDATORY COURSES ON SCHOOL DISCIPLINE; TO REQUIRE EACH STATE INSTITUTION OF HIGHER LEARNING TO SUBMIT AN ANNUAL PERFORMANCE REPORT ON THE INSTITUTION'S TEACHER EDUCATION PROGRAM AND TO SPECIFY THE COMPONENTS OF THE REPORT; TO AMEND SECTION 25-11-111, MISSISSIPPI CODE OF 1972, TO INCREASE THE PERCENTAGE USED TO CALCULATE RETIREMENT ALLOWANCES UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR YEARS OF SERVICE EXCEEDING TWENTY-FIVE YEARS FROM TWO PERCENT TO TWO AND ONE-HALF PERCENT; TO REQUIRE THE BOARD OF DIRECTORS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO RECOMMEND TO THE LEGISLATURE A PROGRAM WHICH ALLOWS MEMBERS OF THE SYSTEM ELIGIBLE FOR RETIREMENT TO CONTINUE WORKING AND DRAWING A SALARY IN PUBLIC EMPLOYMENT WHILE THEIR RETIREMENT ALLOWANCE IS PAID INTO AN INDIVIDUAL ACCOUNT; AND FOR RELATED PURPOSES. 

WHEREAS, in many rural areas and communities in the State of Mississippi, particularly in the Mississippi Delta, there exists a critical shortage of qualified teachers which continues to grow at an increasing rate as the number of teachers in those areas who are eligible for retirement escalates while fewer college students aspire to a career in teaching; and

WHEREAS, the absence of a qualified teacher in every classroom in the state contributes to overall lower test scores for the State of Mississippi and will negatively impact the state's work force of tomorrow, made of our children of today; and WHEREAS, it is the intent of the Legislature, in passing this act, to immediately reverse this teacher shortage trend by offering attractive incentives to qualified persons who pursue a profession in teaching and agree to serve in those communities wherein the greatest need for teachers exists, thereby enabling every child in the State of Mississippi to receive a quality education:

NOW, THEREFORE, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Mississippi Critical Teacher Shortage Act of 1998."

SECTION 2. (1) There is established the "Critical Needs Teacher Scholarship Program," the purpose of which is to attract qualified teachers to those geographical areas of the state where there exists a critical shortage of teachers by awarding full scholarships to persons declaring an intention to serve in the teaching field who actually render service to the state while possessing a standard teaching license with an appropriate major or subject area of concentration.

(2) Any individual who is enrolled in or accepted for enrollment at a baccalaureate degree-granting institution of higher learning accredited by the Southern Association of Colleges and Schools and approved by the Mississippi Commission on College Accreditation or at an accredited, nonprofit community or junior college in the State of Mississippi who expresses in writing an intention to teach in a geographical area of the state in which there exists a critical shortage of teachers, as designated by the State Board of Education, shall be eligible for a financial scholarship to be applied toward the costs of the individual's college education. The annual amount of the award shall be equal to the total cost for tuition, room and meals, books, materials and fees at the college or university in which the student is enrolled, not to exceed an amount equal to the highest total cost of tuition, room and meals, books, materials and fees assessed by a state institution of higher learning during that school year. Awards made to nonresidents of the state shall not include any amount assessed by the college or university for out-of-state tuition.

(3) Awards granted under the Critical Needs Teacher Scholarship Program shall be available to both full-time and part-time students. Students enrolling on a full-time basis may receive a maximum of four (4) annual awards. The maximum number of awards which may be made to students attending school on a part-time basis shall not exceed the length of time required to complete the number of academic hours necessary to obtain a baccalaureate degree in education. Critical Needs Teacher Scholarships shall not be based upon an applicant's eligibility for financial aid.

(4) At the beginning of the first school year in which a recipient of a Critical Needs Teacher Scholarship is eligible for employment as a licensed teacher, that person shall begin to render service as a licensed teacher in a public school district in a geographical area of the state where there is a critical shortage of teachers, as approved by the State Board of Education. For each year that a person received a full-time student scholarship, or for the number of academic hours equivalent to one (1) school year, as determined by the Board of Trustees of State Institutions of Higher Learning, which a part-time student received a scholarship, the individual shall render one (1) year's service as a licensed teacher.

(5) Any person failing to complete a program of study which will enable that person to become a licensed teacher shall become liable immediately to the Board of Trustees of State Institutions of Higher Learning for the sum of all Critical Needs Teacher Scholarship awards made to that person, plus interest accruing at the current Stafford Loan rate at the time the person abrogates his participation in the program. Any person failing to complete his teaching obligation, as required under subsection (4) of this section, shall become liable immediately to the board for the sum of all scholarship awards made to that person less the corresponding amount of any awards for which service has been rendered, plus interest accruing at the current Stafford Loan rate at the time the person discontinues his service. If a claim for payment under this subsection is placed in the hands of an attorney for collection, the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(6) The obligations made by the recipient of a Critical Needs Teacher Scholarship award shall not be voidable by reason of the age of the student at the time of receiving the scholarship.

(7) The Board of Trustees of State Institutions of Higher Learning and the State Board of Education shall jointly promulgate rules and regulations necessary for the proper administration of the Critical Needs Teacher Scholarship Program.

(8) If insufficient funds are available to fully fund scholarship awards to all eligible students, the Board of Trustees of State Institutions of Higher Learning shall prorate the awards among all eligible students; however, priority consideration shall be given to persons previously receiving awards under the Critical Needs Teacher Scholarship Program.

SECTION 3. Section 37-143-11, Mississippi Code of 1972, is amended as follows:

37-143-11. (1) The Legislature finds that there exists a critical shortage of teachers in many areas and communities in Mississippi. It is * * * declared to be the intention of the Legislature to attract and retain qualified teachers by awarding incentive loans to persons declaring an intention to serve in the teaching field and who actually render service to the state while possessing a regular teaching license with an appropriate major or subject area of concentration.

(2) There is * * * established the "William F. Winter Teacher Scholar Loan Program."

(3) To the extent of appropriations available, students who are enrolled in any baccalaureate degree-granting institution of higher learning in the State of Mississippi accredited by the Southern Association of Colleges and Schools and approved by the Mississippi Commission on College Accreditation, or any accredited nonprofit community or junior college, and who have expressed in writing a present intention to teach in (a) a critical teacher shortage area or subject area of concentration or (b) a critical teacher shortage geographic section of the state, shall be eligible for student loans to be applied to the costs of their college education. Persons who have been admitted to a teacher education program or subject areas of concentration as approved by the State Board of Education shall also qualify for loans at approved institutions.

(4) A freshman establishing initial eligibility shall be eligible for a maximum of four (4) annual loans and a senior shall be eligible for one (1) annual loan.

(5) The maximum annual loan shall be set by the Board of Trustees of State Institutions of Higher Learning at an amount not to exceed the cost of attendance at any baccalaureate degree-granting institution of higher learning in the State of Mississippi.

(6) The loans of persons who actually render service as licensed teachers in (a) a critical teacher shortage area or subject area of concentration or (b) a critical teacher shortage geographic section of the state, as approved by the State Board of Education, designated by the State Board of Education for a major portion of the school day for at least seventy-eight (78) school days during each of eight (8) school semesters of the ten (10) immediately after obtaining a baccalaureate degree, shall be converted to interest-free scholarships. Conversion shall be based on two (2) semesters of service for each year a loan was received, and the Board of Trustees of State Institutions of Higher Learning shall not authorize the conversion of loans into interest-free scholarships at any other rate.

(7) Persons failing to complete an appropriate program of study shall immediately become liable to the Board of Trustees of State Institutions of Higher Learning for the sum of all outstanding loans, except in the case of a deferral of debt for cause by the board, after which period of deferral, study may be resumed. Persons failing to meet teaching requirements in any required semester shall immediately be in breach of contract and become liable to the board for the amount of the corresponding loan received, with interest accruing at the current Stafford Loan rate at the time the breach occurs, except in the case of a deferral of debt for cause by the board, after which period of deferral, teaching duties required hereunder will be resumed. If the claim for payment of such loan is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney's fee.

(8) A loan made pursuant to this section shall not be voidable by reason of the age of the borrower at the time of receiving the loan.

(9) Failure to repay any loan and interest that becomes due shall be cause for the revocation of a person's teaching license by the State Department of Education.

(10) All monies repaid to the Board of Trustees of State Institutions of Higher Learning hereunder shall be added to the appropriations made for purposes of this section, and those appropriations shall not lapse.

(11) The Board of Trustees of State Institutions of Higher Learning with the concurrence of the State Board of Education shall jointly promulgate regulations necessary for the proper administration of this section.

(12) If insufficient funds are available for requested loans to a qualified student during any fiscal year, the Board of Trustees of State Institutions of Higher Learning shall make pro rata reductions in the loans made to qualifying applicants. Priority consideration shall be given to persons receiving previous loans and participating in the program.

(13) The Board of Trustees of State Institutions of Higher Learning shall make an annual report to the Legislature. Each * * * report shall contain a complete enumeration of the board's activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the teaching location of applicants who have received their education and become licensed teachers within this state as a result of the loans and/or scholarships. The board shall make a full report and account of receipts and expenditures for salaries and expenses incurred under the provisions of this section. The board shall, upon its records and any published reports, distinguish between those recipients who have breached their contracts but with the board's permission who have paid their financial obligations in full, and those recipients who have breached their contracts and remain financially indebted to the state.

SECTION 4. Section 37-149-1, Mississippi Code of 1972, is amended as follows:

37-149-1. (1) There is hereby established within the State Department of Education, the Mississippi Teacher Center for the purpose of insuring that the children of our state are taught by quality professionals. The center shall serve as an interagency center focused on teacher recruitment, enhanced training and initial instructional support.

(2) The center shall have a staff which shall consist of one (1) director, one (1) administrative assistant and professional teacher recruiters. A steering committee shall be established which shall consist of one (1) member from each of the following: the Board of Trustees of State Institutions of Higher Learning, the State Board for Community and Junior Colleges, the State Board of Education, the Board of the Mississippi Association of Independent Colleges, the Board of the Mississippi Association of Colleges of Teacher Education, trustees of the local school boards, teachers and the private sector. The members of the steering committee shall be appointed by the State Superintendent with the approval of the board. The steering committee shall direct the work and establish policies for the purpose of operating the center.

(3) The center shall provide leadership for the following initiatives:

(a) The initiation and monitoring of high school programs for teacher recruitment;

(b) The initiation and monitoring of college level programs for teacher recruitment;

(c) The establishment of a Beginning Teacher/Mentoring program, as authorized in Sections 37-9-201 through 37-9-213;

(d) The sponsorship of a teacher renewal institute;

(e) The continuation of the Teacher Corps program;

(f) The enhancement of the William Winter Scholarship program;

(g) Research for the development of professional teaching standards;

(h) Provide additional scholarships for any targeted populations needing potential teachers; and

(i) Provide assistance to local school districts in identifying and locating specific teacher needs.

SECTION 5. The following shall be codified as Section 37-149-7, Mississippi Code of 1972:

37-149-7. The State Superintendent of Public Education shall appoint three (3) persons to serve as professional teacher recruiters, who shall have the following duties:

(a) To educate high school students, through oral presentations made on the campuses of all public high schools and the distribution of written materials, on the importance of teaching as a profession, emphasizing the critical need for teachers in certain geographical areas of the state and the availability of financial scholarships to college students in exchange for service as a licensed teacher in such geographical areas under the Critical Needs Teacher Scholarship Program;

(b) To encourage assistant teachers in the public schools to pursue a college education that will enable them to become licensed teachers, informing all assistant teachers of the availability of financial scholarships to both full-time and part-time college students under the Critical Needs Teacher Scholarship Program;

(c) To actively recruit, both within the state and out-of-state, nonpracticing licensed teachers to return to the teaching profession to render service as a licensed teacher in a public school district in a geographical area of the state where there is a critical shortage of teachers, as designated by the State Board of Education; and

(d) To actively recruit, both within the state and out-of-state, persons holding a baccalaureate degree in a field other than education who exhibit potential for a career in teaching to pursue a standard teaching license through the alternate teaching route.

SECTION 6. The State Department of Education shall reimburse licensed teachers who enter into a contract for employment in a school district situated within a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, for the expense of moving when the employment necessitates the relocation of the teacher to a different geographical area than that in which the teacher resides before entering into such contract. In order to be eligible for the reimbursement, the teacher must advise the department that the employment will require his moving and must obtain the prior approval from the department for reimbursement before the relocation occurs. If the reimbursement is approved, the department shall reimburse the teacher an amount not to exceed One Thousand Dollars ($1,000.00) for the documented actual expenses incurred in the course of relocating, including the expense of any professional moving company or persons employed to assist with the move, rented moving vehicles or equipment, mileage in the amount authorized for state employees under Section 25-3-41 if the teacher used his personal vehicle or vehicles for the move, meals and such other expenses associated with the relocation which the department deems eligible for reimbursement. No teacher may be reimbursed for moving expenses under this section on more than one (1) occasion.

Nothing in this section shall be construed to require the actual residence to which the teacher relocates to be within the boundaries of the school district which has executed a contract for employment with the teacher or within the boundaries of the area designated by the State Board of Education as the critical teacher shortage area in order for the teacher to be eligible for reimbursement for his moving expenses.

SECTION 7. The school board of any school district situated within a geographical area of the state where there exists a critical shortage of teachers, as designated by the State Board of Education, in its discretion, may reimburse persons who interview for employment as a licensed teacher with the district for the mileage and other actual expenses incurred in the course of travel to and from the interview by such persons at the rate authorized for county and municipal employees under Section 25-3-41. Any reimbursement by a school board under this section shall be paid from nonminimum program funds.

SECTION 8. Section 37-9-77, Mississippi Code of 1972, is amended as follows:

37-9-77. There is * * * established the Mississippi School Administrator Sabbatical Program which shall be available to licensed teachers employed in Mississippi school districts for not less than three (3) years, for the purpose of allowing such teachers to become local school district administrators under the conditions set forth in this section. The State Board of Education, in coordination with the Board of Trustees of State Institutions of Higher Learning, shall develop guidelines for the program. Application shall be made to the State Department of Education for the Mississippi School Administrator Sabbatical Program by qualified teachers meeting the criteria for a department-approved administration program and who have been recommended by the local school board. Admission into the program shall authorize the applicant to take university coursework and training leading to an administrator's license beginning in June and extending for a 15-month period. The salaries of the teachers approved for participation in the administrator sabbatical program shall be paid by the employing school district from nonminimum program funds. However, the State Department of Education shall reimburse the employing school districts for the cost of the salaries and paid fringe benefits of teachers participating in the administrator sabbatical program. Such teachers participating in the program on a full-time basis shall continue to receive teaching experience and shall receive the salary prescribed in Section 37-19-5, including the annual experience increments. Such participants shall be fully eligible to continue participation in the Public Employees Retirement System and the Public School Employees Health Insurance Plan during the time they are in the program on a full-time basis. As a condition for participation in the School Administrator Sabbatical Program, such teachers shall agree to employment as administrators in the sponsoring school district for not less than five (5) years following completion of administrator licensure requirements. Persons failing to comply with this employment commitment in any required school year shall immediately be in breach of contract and become liable to the State Department of Education for the amount of the salary received while on sabbatical, with interest accruing at the current Stafford Loan rate at the time the breach occurs, except in the case of a deferral of debt for cause by the local school board, after which period of deferral, administrative duties required hereunder will be resumed. If the claim for repayment of such salary is placed in the hands of an attorney for collection after default, then the obligor shall be liable for an additional amount equal to a reasonable attorney's fee. This section shall stand repealed from and after July 1, 2000.

SECTION 9. Section 37-17-8, Mississippi Code of 1972, is amended as follows:

37-17-8. (1) The State Board of Education * * *, through the Commission on School Accreditation, shall establish criteria for comprehensive in-service staff development plans. These criteria shall: (a) include, but not be limited to, formula and guidelines for allocating state funds for in-service training to local school districts which have an approved plan; (b) provide that such funds may not be allocated to local school districts which do not have approved plans; * * * (c) require that a certain portion of the funds allocated pursuant to an approved plan be used exclusively for the purpose of providing staff development training for beginning teachers within that local school district and for no other purpose; and (d) require that no less than thirty percent (30%) of the school district's in-service training for administrators and teachers be dedicated to the application and utilization of various disciplinary techniques. The board shall each year make recommendations to the Legislature concerning the amount of funds which shall be appropriated for this purpose.

(2) Beginning in school year 1984-1985, and each school year thereafter, every school district shall submit to the Commission on School Accreditation for its approval a comprehensive in-service training staff development plan to be used in that school district. The staff development plan shall include a description of the in-service training to be dedicated to the application and utilization of various disciplinary techniques and a statement as to the number of hours devoted to such training. Before the plan is submitted to the commission, the plan shall have been prepared by a district committee appointed by the district superintendent and consisting of teachers, administrators, school board members, and lay people, and it shall have been approved by the district superintendent.

(3) In requiring all school districts to submit to the commission a comprehensive in-service training staff development plan, the State Board of Education shall take such steps as may be necessary to further the reduction of paperwork and written reports required from school districts, as provided under Section 37-1-11.

(4) In the event any school district meets Level 4 or 5 accreditation standards, the State Board of Education  * * *, in its discretion, may exempt such school district from the provisions of this section.

SECTION 10. The State Board of Education, acting through the Commission on Teacher and Administrator Education, Certification and Licensure and Development, shall require each educator preparation program in the state, as a condition for approval, to include a course or courses on school discipline as a required part of the teacher education program.

SECTION 11. Each state institution of higher learning shall prepare and submit to the State Board of Education an annual performance report on the institution's teacher education program. The report shall include the following information:

(a) An assessment of the quality of students entering the institution's teacher education program, including the average grade point average and average score on preprofessional skills tests that assess reading, writing, math and other competencies of such students;

(b) Graduation rates from the teacher education program;

(c) Time-to-graduation rates from the teacher education program;

(d) Average scores of graduates on professional and content area examinations required for teacher licensure;

(e) The percentage of graduates from the teacher education program receiving initial licensure;

(f) The percentage of graduates hired as licensed teachers;

(g) The percentage of graduates who remain in teaching for at least four (4) years;

(h) The satisfaction rate of the institution's graduates of the teacher education program, as determined by a common survey;

(i) The satisfaction rate of employers of the institution's graduates of the teacher education program, as determined by a common survey; and

(j) Any other information required by the State Department of Education.

The State Department of Education shall prepare a common form for the preparation and submission of the annual performance reports and shall establish the date by which such reports must be submitted to the board. No later than thirty (30) days after the deadline date established for the submission of reports, the department shall submit a compilation of all annual performance reports received from the state institutions of higher learning to the Chairmen of the Education Committees of the House of Representatives and the Senate.

SECTION 12. Section 25-11-111, Mississippi Code of 1972, is amended as follows:

25-11-111. (a) Any member upon withdrawal from service upon or after attainment of the age of sixty (60) years who shall have completed at least four (4) years of creditable service, or any member upon withdrawal from service regardless of age who shall have completed at least twenty-five (25) years of creditable service, shall be entitled to receive a retirement allowance which shall begin on the first of the month following the date the member's application for the said allowance is received by the board, but in no event before withdrawal from service.

(b) Any member whose withdrawal from service occurs prior to attaining the age of sixty (60) years who shall have completed four (4) or more years of creditable service and shall not have received a refund of his accumulated contributions shall be entitled to receive a retirement allowance, beginning upon his attaining the age of sixty (60) years, of the amount earned and accrued at the date of withdrawal from service.

(c) Any member in service who has qualified for retirement benefits may select any optional method of settlement of retirement benefits by notifying the Executive Director of the Board of Trustees of the Public Employees' Retirement System in writing, on a form prescribed by the board, of the option he has selected and by naming the beneficiary of such option and furnishing necessary proof of age. Such option, once selected, may be changed at any time prior to actual retirement or death, but upon the death or retirement of the member, the optional settlement shall be placed in effect upon proper notification to the executive director.

(d) The annual amount of the retirement allowance shall consist of:

(1) A member's annuity which shall be the actuarial equivalent of the accumulated contributions of the member at the time of retirement computed according to the actuarial table in use by the system; and

(2) An employer's annuity which, together with the member's annuity provided above, shall be equal to one and seven-eighths percent (1-7/8%) of the average compensation for each year of state service up to and including twenty-five (25) years of membership service, and two and one-half percent (22) of the average compensation for each year of state service in excess of twenty-five (25) years of membership service.

(3) A prior service annuity equal to one and seven-eighths percent (1-7/8%) of the average compensation for each year of state service up to and including twenty-five (25) years of prior service, and two and one-half percent (22) of the average compensation for each year of state service in excess of twenty-five (25) years of prior service for which the member is allowed credit.

(4) Any retired member or beneficiary thereof who was eligible to receive a retirement allowance before July 1, 1991, and who is still receiving a retirement allowance on July 1, 1992, shall receive an increase in the annual retirement allowance of the retired member equal to one-eighth of one percent (1/8 of 1%) of the average compensation for each year of state service in excess of twenty-five (25) years of membership service up to and including thirty (30) years. The maximum increase shall be five-eighths of one percent (5/8 of 1%). In no case shall a member who has been retired prior to July 1, 1987, receive less than Ten Dollars ($10.00) per month for each year of creditable service and proportionately for each quarter year thereof. Persons retired on or after July 1, 1987, shall receive at least Ten Dollars ($10.00) per month for each year of service and proportionately for each quarter year thereof reduced for the option selected. However, such Ten Dollar ($10.00) minimum per month for each year of creditable service shall not apply to a retirement allowance computed under Section 25-11-114 based on a percentage of the member's average compensation.

(5) Any member upon withdrawal from service upon or after attaining the age of sixty (60) years who has completed at least four (4) years of creditable service, or any member upon withdrawal from service regardless of age who has completed at least twenty-five (25) years of creditable service, shall be entitled to receive a retirement allowance computed in accordance with the formula set forth in this section. Such retirement allowance otherwise payable may be converted into a retirement allowance of equivalent actuarial value in such an amount that, with the member's benefit under Title II of the Federal Social Security Act, the member will receive, so far as possible, approximately the same amount annually before and after the earliest age at which the member becomes eligible to receive a Social Security benefit.

(e) No member, except members excluded by the Age Discrimination in Employment Act Amendments of 1986 (Public Law 99-592), under either Article 1 or Article 3 in state service shall be required to retire because of age.

(f) No payment on account of any benefit granted under the provisions of this section shall become effective or begin to accrue until January 1, 1953.

(g) (1) A retiree or beneficiary may, on a form prescribed by and filed with the retirement system, waive all or a portion of any benefits from the retirement system to which the retiree or beneficiary is entitled. A retiree or beneficiary may revoke a waiver of benefits in the same manner as the original waiver was made. Such waiver shall be binding on the heirs and assigns of any retiree or beneficiary and the same must agree to forever hold harmless the Public Employees' Retirement System of Mississippi from any claim to such waived retirement benefits.

(2) Any waiver pursuant to this subsection shall apply only to the person executing the waiver and any beneficiary shall be entitled to benefits according to the option selected by the member at the time of retirement. However, a beneficiary may, at the option of the beneficiary, execute a waiver of benefits pursuant to this subsection.

(3) The retirement system shall retain in the annuity reserve account amounts that are not used to pay benefits because of a waiver executed under this subsection.

(4) The board of trustees may provide rules and regulations for the administration of waivers under this subsection.

SECTION 13. Before August 31, 1998, the Board of Trustees of the Public Employees' Retirement System of Mississippi shall recommend to the Legislature a program that allows members of the system who are eligible to receive a retirement allowance, in lieu of terminating employment and accepting a retirement allowance, to continue working and earning their regular salary in public employment while an amount equal to the monthly retirement allowance to which such members are entitled is paid into a member's individual account. The program shall be modeled after the Deferred Retirement Option Plan (DROP) (La. Rev. Stat. Ann. Section 11:447 et seq., as amended) administered by the Louisiana State Employees' Retirement System; however, the board shall recommend revisions to the Louisiana Deferred Retirement Option Plan which are necessary for the adaptation of the program to the Public Employees' Retirement System of Mississippi and which guarantee no negative effect on the system's fiscal integrity or on the status of the system under the Internal Revenue Code. The recommendations of the board shall be submitted to the Legislature in a written report, which shall include a detailed description of the recommended program, a proposal for legislation necessary for the implementation of the program and any other information deemed relevant by the board relating to such program.

SECTION 14. This act shall take effect and be in force from and after its passage.