MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Representative Frierson

AN ACT TO AMEND SECTION 25-13-9, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM MONTHLY AMOUNTS OF THE RETIREMENT ALLOWANCE OF MEMBERS AND BENEFICIARIES OF THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM WHO WERE RETIRED FOR DISABILITY; TO AMEND SECTION 25-13-11, 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 25-13-9, Mississippi Code of 1972, is amended as follows:

25-13-9. (1) Upon application of a member or his employer, any member who has not attained the age of fifty-five (55) years may be retired by the administrative board created by this chapter, not less than thirty (30) and not more than ninety (90) days next following the date of filing such application, on a disability retirement allowance, provided that the medical board for the Public Employees' Retirement System of Mississippi, after a medical examination, shall certify that he is mentally or physically incapacitated for the performance of duty, that such incapacity is likely to be permanent, and that such sickness or injury was caused or sustained as a direct result of duty in the Highway Safety Patrol after the effective date of this chapter.

Any former uniformed highway safety patrolman who has had not less than two (2) years of prior service with the Highway Safety Patrol and who was disabled by wounds or accident in line of duty, and who has returned to duty with the Highway Safety Patrol, and who becomes a member of the Highway Safety Patrol Retirement System with prior years service credits as provided in this chapter, may, if his disability from his previous wounds or accident received in line of duty returns and he again becomes totally and permanently disabled, receive full benefits as a disability retirant for service-connected disability.

Upon the application of a member or his employer, any member who is not yet eligible for service retirement benefits and who has had at least ten (10) years of creditable service may be retired by the administrative board, not less than thirty (30) and not more than ninety (90) days next following the date of filing such application, on disability retirement allowance, provided that the medical board of the Public Employees' Retirement System of Mississippi, after a medical examination, shall certify that he is mentally or physically incapacitated for the further performance of duty, that such incapacity is likely to be permanent, and that he should be retired. Such disability need not be service-connected.

(2) Upon retirement for disability, a member shall receive a disability benefit equal to fifty percent (50%) of his average salary for the two (2) years immediately preceding his retirement, but not less than the following amounts:

Any retired member who has completed at least fifteen (15) years of creditable service shall receive not less than One Thousand Dollars ($1,000.00) per month; any retired member who has completed ten (10) or more years of creditable service, but less than fifteen (15) years of creditable service, shall receive not less than Eight Hundred Dollars ($800.00) per month; and any retired member who has completed less than ten (10) years of creditable service shall receive not less than Seven Hundred Fifty Dollars ($750.00) per month. A beneficiary who is receiving a retirement allowance of a member who retired for disability shall receive not less than Seven Hundred Fifty Dollars ($750.00) per month or Nine Thousand Dollars ($9,000.00) per year.

(3) Once each year during the first five (5) years following retirement of a member on a disability retirement allowance, and once in every period of three (3) years thereafter, the administrative board may, and upon his application shall, require any disability beneficiary who has not yet attained the age of fifty-five (55) years to undergo a medical examination, such examination to be made at the place of residence of the beneficiary or other place mutually agreed upon, by the medical board of the Public Employees' Retirement System. Should any disability beneficiary who has not yet attained the age of fifty-five (55) years refuse to submit to any medical examination provided for herein, his allowance may be discontinued until his withdrawal of such refusal, and should his refusal continue for one (1) year all his rights in that part of the disability benefit provided by employer contributions shall be revoked by the administrative board.

(4) If the medical board reports and certifies to the administrative board that such disability beneficiary is engaged in, or is able to engage in, a gainful occupation paying more than the difference between his disability benefit and the average compensation, and if the administrative board concurs in such report, the disability benefit shall be reduced to an amount which, together with the amount earnable by him, shall equal the amount of his average compensation. If his earning capacity be later changed, the amount of the * * * benefit may be further modified; provided, that the revised benefit shall not exceed the amount originally granted nor an amount which, when added to the amount earnable by the beneficiary, equals the amount of his average compensation.

(5) Should a disability beneficiary under the age of fifty-five (55) years be restored to active service at a compensation not less than his average compensation, his disability benefit shall cease; he shall again become a member of the retirement system, and he shall contribute thereafter at the same rate he paid prior to disability. Any such prior service certificate on the basis of which his service was computed at the time of retirement shall be restored to full force and effect. In addition, upon his subsequent retirement he shall be credited with all creditable service as a member, including the period for which he was paid disability benefits.

SECTION 2. Section 25-13-11, Mississippi Code of 1972, is amended as follows:

25-13-11. Any member upon withdrawal from service, upon or after attainment of the age of fifty-five (55) years, who shall have completed at least five (5) years of creditable service, or any member upon withdrawal from service upon or after attainment of the age of forty-five (45) years, who shall have completed at least twenty (20) 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 be payable the first of the month following receipt of the member's application in the office of the Executive Director of the Public Employees' Retirement Service, but in no event before withdrawal from service.

Any member whose withdrawal from service occurs prior to attaining the age of fifty-five (55) years, who shall have completed more than five (5) years of creditable service and shall not have received a refund of the member's accumulated contributions, shall be entitled to receive a retirement allowance beginning upon his attaining the age of fifty-five (55) years of the amount earned and accrued at the date of withdrawal from service.

The annual amount of the retirement allowance shall consist of:

(a) 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.

(b) An employer's annuity which, together with the member's annuity provided above, shall be equal to two and one-half percent (2-1/2%) of the average compensation, based on the four (4) highest consecutive years, for each year of membership service.

(c) A prior service annuity equal to two and one-half percent (2-1/2%) of the average compensation, based on the four (4) highest consecutive years, for each year of prior service for which the member is allowed credit.

(d) In the case of retirement of any member prior to attaining the age of fifty-five (55) years, the retirement allowance shall be computed in accordance with the formula hereinabove set forth in this section, except that the employer's annuity and prior service annuity above described shall be reduced three percent (3%) for each year of age below fifty-five (55) years, or three percent (3%) for each year of service below twenty-five (25) years of creditable service, whichever is lesser.

(e) Upon retiring from service, a member shall be eligible to obtain retirement benefits, as computed above, for life, except that the aggregate amount of the employer's annuity and prior service annuity above described shall not exceed more than eighty-five percent (85%) of the average compensation regardless of the years of service.

(f) Any member in the service who shall have attained the age of sixty (60) years shall be retired forthwith.

(g) Any retired member who is receiving a service or disability retirement allowance on or after July 1, 1980, shall receive at least Fifteen Dollars ($15.00) per month for each year of creditable service and proportionately for each quarter-year thereof, reduced in accordance with this section.

(h) Notwithstanding any provision of this chapter pertaining to the Mississippi Highway Safety Patrol Retirement System, no payments may be made for a retirement allowance on a monthly basis for a period of time in excess of that allowed by any applicable federal law.

(i) Any retired member or beneficiary thereof who is eligible to receive a retirement allowance on July 1, 1990, shall receive a ten percent (10%) ad hoc increase in the annual retirement allowance of the retired member or beneficiary. In no case shall any retired member receiving a service retirement allowance who has completed at least fifteen (15) years of creditable service receive less than Five Hundred Dollars ($500.00) per month; in no case shall any retired member receiving a service retirement allowance who has completed ten (10) or more years of creditable service, but less than fifteen (15) years of creditable service, receive less than Three Hundred Dollars ($300.00) per month; and in no case shall any retired member receiving a service retirement allowance who has completed less than ten (10) years of creditable service receive less than Two Hundred Fifty Dollars ($250.00) per month. In no case shall a beneficiary who is receiving a retirement allowance of a member who retired for service receive less than Two Hundred Fifty Dollars ($250.00) per month or Three Thousand Dollars ($3,000.00) per year.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.