Senate Bill 3123

(As Passed the Senate)

AN ACT TO AMEND CHAPTER 899, LOCAL AND PRIVATE LAWS OF 1988, AS AMENDED, TO INCREASE TO $750.00 THE AMOUNT OF THE MINIMUM MONTHLY BENEFITS AUTHORIZED FOR PERSONS RECEIVING BENEFITS UNDER THE DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN OF THE CITY OF VICKSBURG; TO AMEND CHAPTER 911, LOCAL AND PRIVATE LAWS OF 2000, TO PROVIDE THAT THE ADDITIONAL COST OF LIVING PAYMENT TO RETIRED MEMBERS OF THE DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN OF THE CITY OF VICKSBURG SHALL BE EQUAL TO 2-1/2% OF THE ANNUAL RETIREMENT ALLOWANCE FOR EACH FULL FISCAL YEAR OF RETIREMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Chapter 899, Local and Private Laws of 1988, as amended by Chapter 857, Local and Private Laws of 1992, as amended by Chapter 904, Local and Private Laws of 2000, is amended as follows:

Section 1. The governing authorities of the City of Vicksburg, Mississippi, are authorized, in their discretion, to appropriate and transfer annually from the general fund of the city to the Disability and Relief Fund for Firemen and Policemen of the city sufficient additional funds to provide for the payment of minimum monthly benefits of not less than Seven Hundred Fifty Dollars ($750.00) per month to all persons now or hereafter entitled to receive benefits under any provision of Section 21-29-101 et seq., Mississippi Code of 1972, by virtue of service as a member of the fire and/or police department of the City of Vicksburg. When the governing authorities of the City of Vicksburg, by resolution duly adopted and entered on their minutes, have transferred sufficient additional funds to fund such minimum monthly benefits, as determined by the Board of Trustees of the Public Employees' Retirement System of Mississippi, then the board of trustees shall pay such minimum monthly payments to the persons authorized and entitled to receive such benefits.

SECTION 2. Chapter 911, Local and Private Laws of 1992, is amended as follows:

Section 1. (1) Subject to the provisions of subsection (2)

of this section, the governing authorities of the City of

Vicksburg, Mississippi, are authorized, in their discretion, to

establish the payment of one (1) additional payment each year from

monies accumulated in the Disability and Relief Fund for Firemen

and Policemen of the city to retired members of such disability

and relief fund, or beneficiaries thereof, who on December 1 of

each year are receiving a retirement allowance under Article 3,

Chapter 29, Title 21, Mississippi Code of 1972. The amount of the

payment shall be equal to * * * two and one-half percent (2-1/2%) of the annual retirement allowance for each full fiscal year after June 30, 1991, that the retired member or beneficiary has actually

drawn retirement payments from the date of retirement.

(2) Payment of the additional payments authorized under

subsection (1) of this section shall not be established unless the

Disability and Relief Fund for Firemen and Policemen of the City

of Vicksburg is actuarially sound, as shown by the most recent

actuarial study required by Section 21-29-119, Mississippi Code of

1972, and unless the fund will remain actuarially sound if the

additional payments authorized under subsection (1) of this

section are made, as shown by a certified statement from the

actuarial firm that prepared the most recent actuarial study.

(3) After the governing authorities of the City of

Vicksburg have adopted a resolution to establish the additional

payments authorized under subsection (1) of this section and the

advisory board provided for in Section 21-29-105, Mississippi Code

of 1972, has adopted a resolution supporting the establishment of

the additional payments, and after the Board of Trustees of the

Public Employees' Retirement System has received these resolutions

and received the most recent actuarial study of the disability and

relief fund and the certified statement from the actuarial firm

that the fund will remain actuarially sound if the additional

payments are made, then the board of trustees shall make the

payments directly to the persons authorized and entitled to

receive the payments.

(4) Persons eligible to receive the payments authorized

under this section shall receive such payments in one (1)

additional payment, except that any such person may elect by an

irrevocable agreement on a form prescribed by the Board of

Trustees of the Public Employees' Retirement System to receive

such payments in not less than equal monthly installments not to

exceed six (6) months during the remaining months of the current

fiscal year. In the event of death of a person or a beneficiary

thereof receiving monthly benefits, any remaining amounts shall be

paid in a lump sum to the designated beneficiary.

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