MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Local and Private

By: Senator(s) Chaney

Senate Bill 2996

AN ACT TO AUTHORIZE ANY SPOUSE WHO RECEIVED A SPOUSE RETIREMENT BENEFIT FROM THE DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN OF THE CITY OF VICKSBURG, MISSISSIPPI, BEFORE JULY 1, 2003, AND WHOSE BENEFITS WERE TERMINATED BECAUSE OF REMARRIAGE, TO AGAIN RECEIVE HIS OR HER SPOUSE RETIREMENT BENEFIT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  Subject to the provisions of subsections (2) and (3) of this section, the governing authorities of the City of Vicksburg, Mississippi, may authorize any spouse who received a spouse retirement benefit under the provisions of Sections 21-29-145 and 21-29-147, Mississippi Code of 1972, from the Disability and Relief Fund for Firemen and Policemen of the City of Vicksburg before July 1, 2003, and whose benefits were terminated because of remarriage, to again receive his or her spouse retirement benefit from and after making application with the board of trustees to reinstate the spouse retirement benefit.  Any reinstatement of the spouse retirement benefit shall be prospective only from and after the first of the month following the date of application for reinstatement.

     (2)  The spouse retirement benefits authorized under subsection (1) of this section shall not be reinstated unless the Disability and Relief Fund for Firemen and Policemen of the City of Vicksburg is actuarially sound, as shown by the most recent actuarial study required by Section 21-29-119, Mississippi Code of 1972, and unless the fund will remain actuarially sound if the spouse retirement benefits are reinstated as authorized under subsection (1) of this section, as shown by a certified statement from the actuarial firm that prepared the most recent actuarial study.

     (3)  After the governing authorities of the City of Vicksburg have adopted a resolution to reinstate the spouse retirement benefits authorized under subsection (1) of this section and the advisory board provided for in Section 21-29-105, Mississippi Code of 1972, has adopted a resolution supporting the reinstatement of the benefits, and after the Board of Trustees of the Public Employees' Retirement System has received these resolutions and received the most recent actuarial study of the disability and relief fund and the certified statement from the actuarial firm that the fund will remain actuarially sound if the benefits are reinstated, then, after receipt of the required application for reinstatement, the board of trustees shall begin paying the spouse retirement benefits as provided in subsection (1) of this section.

     SECTION 2.  This act shall take effect and be in force from and after its passage.