MISSISSIPPI LEGISLATURE

2001 Regular Session

To: County Affairs

By: Representative Robinson (63rd)

AN ACT TO AMEND SECTION 25-11-125, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOARD OF SUPERVISORS OF EACH COUNTY TO PAY THE REQUIRED EMPLOYER CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR EACH CONSTABLE HOLDING OFFICE IN THAT COUNTY; TO PROVIDE THAT THIS REQUIREMENT SHALL BE RETROACTIVE TO THE BEGINNING OF THE CONSTABLES' TERM OF OFFICE ON JANUARY 1, 1996; TO PROVIDE THAT IF ANY CONSTABLE HAS PAID THE EMPLOYER CONTRIBUTIONS OUT OF HIS OWN FUNDS AFTER DECEMBER 31, 1995, THE BOARD OF SUPERVISORS SHALL REIMBURSE THE CONSTABLE FOR THE AMOUNT HE PAID AFTER THAT DATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 25-11-125, Mississippi Code of 1972, is amended as follows:

25-11-125. (1) The board of supervisors may appropriate and include in its budget for public purposes a sufficient sum to pay the required employer contribution to the Public Employees' Retirement System for all fee paid elected officials in judicial capacities of the county and supervisors' districts, and such contributions shall be included by the clerk of the board in his regular reports and remittals to the Executive Director of the Public Employees' Retirement System for other county officers and regular county employees whose employer contributions are not included in and paid from the annual county budget.

(2) The board of supervisors of each county shall appropriate and include in its budget a sufficient sum to pay the required employer contributions to the Public Employees' Retirement System for each constable holding office in that county, and those contributions shall be handled by the clerk of the board in the manner required by subsection (1) of this section. This requirement that the boards of supervisors pay the constables' employer contributions shall be retroactive to the beginning of the constables' term of office on January 1, 1996. If any constable has paid the employer contributions to the retirement system out of his own funds after December 31, 1995, the board of supervisors of the county in which the constable holds office shall reimburse the constable for the amount he paid as employer contributions after that date.

SECTION 2. This act shall take effect and be in force from and after October 1, 2001.