MISSISSIPPI LEGISLATURE

2000 1st Extraordinary Session

To: Appropriations

By: Representative Brown, Mayo, Moore (60th), Davis, Jennings, Ellington, Denny, Whittington, Janus

House Bill 3

AN ACT TO AMEND SECTION 25-11-309, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 1281, 2000 REGULAR SESSION, TO REDUCE THE PERCENTAGE USED TO CALCULATE THE AMOUNT OF RETIREMENT ALLOWANCES FROM THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN; TO REINSTATE THE CAP ON THE AGGREGATE AMOUNT OF A RETIREMENT ALLOWANCE THAT A RETIREE MAY RECEIVE FROM THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN AND THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; TO AMEND SECTION 25-11-307, MISSISSIPPI CODE OF 1972, AS AMENDED BY HOUSE BILL NO. 1281, 2000 REGULAR SESSION, TO REDUCE THE AMOUNT OF THE EMPLOYEE AND EMPLOYER CONTRIBUTIONS UNDER THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-11-309, Mississippi Code of 1972, as amended by House Bill No. 1281, 2000 Regular Session, is amended as follows:

     25-11-309.  The retirement allowance from the Supplemental Legislative Retirement Plan shall consist of fifty percent (50%) of an amount equal to the retirement allowance determined by creditable service as an elected Senator or Representative of the State Legislature or as President of the Senate payable by the Public Employees' Retirement System in accordance with Section 25-11-101 et seq.  However, in no case shall the aggregate amount of the retirement allowance from the Supplemental Legislative Retirement Plan and the Public Employees' Retirement System on legislative service or service as President of the Senate exceed one hundred percent (100%) of the average compensation.

     The percentage of the retirement allowance as provided in this section shall be transferred from the annuity savings account of the member and the employer accumulation account in the Supplemental Legislative Retirement Plan to the retirement account of the member in the Public Employees' Retirement System as provided.

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     SECTION 2.  Section 25-11-307, Mississippi Code of 1972, as amended by House Bill No. 1281, 2000 Regular Session, is amended as follows:

     25-11-307.  (1)  The Board of Trustees of the Public Employees' Retirement System of Mississippi shall act as custodian of the funds for members of the State Legislature and the President of the Senate, and shall receive to the credit of such fund all donations, bequests, appropriations, and all funds available as an employer's contribution thereto from any source whatsoever.  The State Legislature shall each month deduct from the compensation of each member three percent (3%) thereof, and shall pay the amount so deducted to the board of trustees to be credited to the fund for the members.  The compensation of each member shall include all remuneration or amounts paid, except mileage allowance.  From the funds credited to this account, the board of trustees shall pay retirement allowances, disability benefits, survivors' benefits and expenses, and shall refund contributions as provided.  The fund for the Supplemental Legislative Retirement Plan shall be maintained as a separate fund, separate from all other funds held by the board of trustees and shall be used only for the payment of benefits provided for by the plan, or amendments thereto.

     (2)  On account of each member there shall be paid monthly into the fund for members of the Supplemental Legislative Retirement Plan by the State Legislature from funds available an amount equal to a certain percentage of the compensation of each member to be known as the "normal contributions," and an additional amount equal to a percentage of his compensation to be known as the "accrued liability contribution."  The percentage rate of such contributions shall be fixed by the board of trustees on the basis of the liabilities of the plan for the various allowances and benefits as shown by the actuarial valuation.  Until changed by the board of trustees, the contribution rate shall be six and one-third percent (6-1/3%) of the annual compensation of all members, which shall include all remuneration or amounts paid, except mileage allowance.

     (3)  The board of trustees is hereby authorized to deduct two percent (2%) of all employer's contributions paid into the fund for members of the State Legislature and the President of the Senate to be transferred to the expense fund of the Public Employees' Retirement System of Mississippi to defray the cost of administering this fund.

     SECTION 3.  This act shall take effect and be in force from and after its passage.