MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Finance

By: Senator(s) Bryan

AN ACT TO AMEND SECTION 25-11-120, MISSISSIPPI CODE OF 1972, TO REQUIRE HEARINGS REGARDING ADMINISTRATIVE DETERMINATIONS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO BE HELD IN ABERDEEN AND BILOXI IN ADDITION TO ANY OTHER LOCATIONS THAT THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAY SELECT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-11-120, Mississippi Code of 1972, is amended as follows:

25-11-120. (1) Any individual aggrieved by an administrative determination, including a determination of the medical board, relating to the eligibility for or payment of benefits, or the calculation of creditable service or other similar matters relating to the Public Employees' Retirement System or any other retirement system or program administered by the board, may request a hearing before a hearing officer designated by the board. Such hearings shall be conducted in accordance with rules and regulations adopted by the board and formal rules of evidence shall not apply. The hearing officer is authorized to administer oaths, hear testimony of witnesses and receive documentary and other evidence. After the hearing, the hearing officer shall certify the record to the board, which shall include the hearing officer's proposed statement of facts, conclusions of law and recommendation. The record may include a taped recording of the proceedings of the hearing in lieu of a transcribed copy of the proceedings. The board shall receive the record and make its determination based solely on matters contained therein. Hearings conducted pursuant to this section shall be held in such locations as the board shall consider necessary; provided, however, that such hearings shall be conducted at least four (4) times in each calendar year in Aberdeen, Mississippi, and at least four (4) times in each calendar year in Biloxi, Mississippi.

(2) Any individual aggrieved by the determination of the board may appeal to the Circuit Court of the First Judicial District of Hinds County, Mississippi, in accordance with the Uniform Circuit Court Rules governing appeals to the circuit court in civil cases. Such appeal shall be made solely on the record before the board and this procedure shall be the exclusive method of appealing determinations of the board.

(3) The board is authorized to appoint a committee of the board to serve as hearing officer or to employ or contract with qualified personnel to perform the duties of hearing officer and court reporter as may be necessary for conducting, recording and transcribing such hearings. The board may assess and collect fees to offset costs related to such hearings. Those fees shall be deposited to the credit of the Public Employees' Retirement System.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.