Bill Text | History of Actions | Background | Title |
Description: PERS; make certain technical revisions to laws governing the retirement system.
Bill Text: [Introduced] [Committee Substitute]
| 1 | 01/21 (S) Referred To Finance | |
| 2 | 01/24 (S) Title Suff Do Pass Comm Sub | |
| 3 | 02/07 (S) Recommitted to Committee | |
| 4 | 02/07 (S) Died In Committee |
| Effective date | ** See Text | |
| Disposition | Dead | |
| Deadline | General Bill/Constitutional Amendment | |
| Revenue | No | |
| Vote type required | Majority |
Senate Committee:
Principal Author: Thames
Additional Authors: Minor, Jordan, Furniss
Code Sections: A 025-0011-0103, A 025-0011-0105, A 025-0011-0109, A 025-0011-0112, A 025-0011-0113, A 025-0011-0115, A 025-0011-0120, A 025-0011-0123, A 025-0011-0127, A 025-0011-0133, A 025-0011-0139, A 025-0011-0309, A 025-0013-0005, A 025-0013-0016, A 025-0013-0017, A 025-0013-0029, A 025-0013-0033, A 025-0014-0005, A 025-0014-0007, A 021-0029-0139, A 021-0029-0245, A 021-0029-0301, A 021-0029-0317, A 021-0029-0323, A 025-0041-0003
Title: AN ACT TO CREATE NEW SECTIONS TO BE CODIFIED AS SECTIONS 25-11-111.1, 25-13-11.1 AND 21-29-325, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PAY RETIREMENT BENEFITS TO MEMBERS WHO RETIRE ON OR AFTER JANUARY 1, 2003, AND THEIR BENEFICIARIES BY MEANS OF DIRECT DEPOSIT UNLESS THE MEMBER OR BENEFICIARY CAN DEMONSTRATE THAT PAYMENT BY MEANS OF DIRECT DEPOSIT WILL CAUSE SUCH MEMBER OR BENEFICIARY UNDUE HARDSHIP; TO AMEND SECTIONS 25-11-103, 25-11-105, 25-11-109, 25-11-112, 25-11-113, 25-11-115, 25-11-120, 25-11-123, 25-11-127, 25-11-133, 25-11-139, 25-11-309, 25-13-5, 25-13-16, 25-13-17, 25-13-29, 25-13-33, 25-14-5, 25-14-7, 21-29-139, 21-29-245, 21-29-301, 21-29-317, 21-29-323 AND 25-41-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM "AVERAGE COMPENSATION" UNDER THE LAWS GOVERNING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE CONSIDERED AVERAGE COMPENSATION; TO REVISE THE DEFINITION OF THE TERM "EARNED COMPENSATION" UNDER THE LAWS GOVERNING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCREASE THE MAXIMUM AMOUNT THAT MAY BE EARNED ANNUALLY AND BE CONSIDERED EARNED COMPENSATION FOR PURPOSE OF RETIREMENT, TO REVISE THE MANNER IN WHICH THE COMPENSATION OF FEE PAID OFFICIALS IS TREATED FOR PURPOSES OF EARNED COMPENSATION, AND TO PROVIDE THAT CERTAIN EXPENSE REIMBURSEMENTS ARE NOT INCLUDED IN EARNED COMPENSATION; TO PROVIDE THAT FROM AND AFTER JULY 1, 2002, INDIVIDUALS WHO ARE EMPLOYED BY A GOVERNMENTAL ENTITY TO PERFORM PROFESSIONAL SERVICES ON LESS THAN A FULL-TIME BASIS SHALL BECOME MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM IF THEY ARE PAID REGULAR PERIODIC COMPENSATION WHICH IS SUBJECT TO PAYROLL TAXES, THEY ARE PROVIDED ALL OTHER EMPLOYEE BENEFITS AND THEY MEET MEMBERSHIP CRITERIA ESTABLISHED BY THE BOARD OF TRUSTEES WHICH APPLY TO ALL OTHER MEMBERS; TO PROVIDE THAT ACTIVE MEMBERS EMPLOYED ON LESS THAN A FULL-TIME BASIS SHALL CONTINUE TO BE ACTIVE MEMBERS FOR AS LONG AS THEY CONTINUE TO BE EMPLOYED IN SUCH POSITION; TO CONFORM TO FEDERAL LAW THE AMOUNT OF TIME WITHIN WHICH PAYMENTS MUST BE MADE FOR EMPLOYEE CONTRIBUTIONS FOR SERVICE INTERRUPTED BY QUALIFIED MILITARY SERVICE BY MEMBERS OF ALL SYSTEMS ADMINISTERED BY THE BOARD OF TRUSTEES; TO AUTHORIZE THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO CHANGE THE MANNER IN WHICH MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM RECEIVE THE COST OF LIVING ADJUSTMENT IF THE CURRENT MANNER OF PAYMENT WILL CAUSE A FINANCIAL HARDSHIP TO THE RETIRED MEMBER OR HIS BENEFICIARY; TO MAKE IT CLEAR THAT INACTIVE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAY NOT FILE A CLAIM FOR A DISABILITY RETIREMENT ALLOWANCE LATER THAN SIX MONTHS AFTER WITHDRAWAL FROM SERVICE; TO PROVIDE THAT IF A MEMBER RETURNS TO COVERED EMPLOYMENT AFTER WITHDRAWAL FROM SERVICE OR TERMINATION FROM SERVICE, THE MEMBER MAY NOT APPLY FOR A REGULAR NONDUTY RELATED DISABILITY RETIREMENT ALLOWANCE UNTIL THE MEMBER HAS REMAINED A CONTRIBUTING MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR A PERIOD OF SIX MONTHS; TO AUTHORIZE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHO BECOME ELIGIBLE FOR SERVICE RETIREMENT BENEFITS WHILE PURSUING A DISABILITY RETIREMENT ALLOWANCE TO ELECT TO RECEIVE A SERVICE RETIREMENT ALLOWANCE PENDING A DETERMINATION ON ELIGIBILITY FOR A DISABILITY RETIREMENT ALLOWANCE AND TO PROVIDE THAT NO PERSON MAY APPLY FOR A DISABILITY RETIREMENT ALLOWANCE AFTER SUCH PERSON BEGINS TO RECEIVE A SERVICE RETIREMENT ALLOWANCE; TO PROVIDE THAT RETIREMENT OPTION 4-C SHALL NOT BE AVAILABLE TO RETIREES WHO RETIRE EFFECTIVE ON OR AFTER JANUARY 1, 2003; TO PROVIDE THAT MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHO ARE PURSUING A DISABILITY RETIREMENT ALLOWANCE AND SIMULTANEOUSLY OR SUBSEQUENTLY ELECT TO BEGIN RECEIVING A RETIREMENT ALLOWANCE WHILE CONTINUING TO PURSUE A DISABILITY RETIREMENT ALLOWANCE SHALL NOT BE ELIGIBLE TO SELECT OPTION 4-C OR OPTION 6; TO REVISE THE MANNER IN WHICH THE RETIREMENT ALLOWANCE IS CALCULATED IN THE EVENT A RETIRED MEMBER MARRIES AND ELECTS TO RECEIVE A REDUCED BENEFIT; TO PROVIDE THAT FROM AND AFTER JANUARY 1, 2003, IN THE EVENT OF THE ELECTION OF OPTION 6 AFTER AGE 65, THE ACTUARIAL EQUIVALENT FACTOR BASED ON THE RETIREE'S AGE AT THE TIME OF RETIREMENT SHALL BE USED TO CALCULATE THE REDUCED MAXIMUM MONTHLY RETIREMENT ALLOWANCE; TO PROVIDE THAT IN THE CASE OF DISABILITY APPEALS UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, THE HEARING OFFICER SHALL HAVE THE AUTHORITY TO DEFER A DECISION IN ORDER TO REQUEST A MEDICAL EVALUATION OR TEST OR ADDITIONAL EXISTING MEDICAL RECORDS NOT PREVIOUSLY FURNISHED BY THE CLAIMANT; TO PROVIDE THAT MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAY CONTINUE IN MUNICIPAL OR COUNTY OFFICE OR BE ELECTED TO A MUNICIPAL OR COUNTY OFFICE WITHOUT WAIVING THE SALARY FOR SUCH OFFICE IF THE COMPENSATION RECEIVED FOR THE OFFICE DOES NOT EXCEED 25% OF THE RETIREE'S AVERAGE COMPENSATION; TO CLARIFY THE RESPONSIBILITY OF CHANCERY AND CIRCUIT CLERKS TO MAKE CERTAIN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; TO CONFORM THE MAXIMUM AMOUNT OF COMPENSATION THAT MAY BE CONSIDERED FOR THE PURPOSE OF ALL PLANS ADMINISTERED BY THE BOARD OF TRUSTEES TO FEDERAL LAW REQUIREMENTS; TO PROVIDE THAT MEMBERS OF ALL SYSTEMS ADMINISTERED BY THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM SHALL HAVE A PERIOD OF TWO YEARS FROM THE EFFECTIVE DATE OF THEIR RETIREMENT WITHIN WHICH TO SUBMIT DOCUMENTATION OF ANY ADDITIONAL SERVICE CREDIT; TO REMOVE THE PROVISION THAT LIMITS THE AMOUNT THAT A MEMBER MAY RECEIVE FROM THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; TO PROVIDE THAT THE MEDICAL BOARD IS NOT REQUIRED TO CONDUCT A MEDICAL EXAMINATION OF APPLICANTS FOR DISABILITY RETIREMENT UNDER THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM; TO AUTHORIZE THE STATE AND ITS POLITICAL SUBDIVISIONS TO MAKE CONTRIBUTIONS TO THE DEFERRED COMPENSATION PLAN ON BEHALF OF PARTICIPATING MEMBERS; TO MAKE IT CLEAR THAT THE DEFERRED COMPENSATION PROGRAM SHALL BE OPERATED IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED BY THE INTERNAL REVENUE SERVICE AS REFLECTED IN THE PLAN DOCUMENT; TO REVISE THE DEFINITION OF THE TERM "PUBLIC BODY" UNDER THE OPEN MEETING LAW TO EXCLUDE PROCEEDINGS OF THE MEDICAL BOARD OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; AND FOR RELATED PURPOSES.
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