MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Appropriations

By: Representative Eads

House Bill 999

AN ACT TO AMEND SECTION 25-11-107, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO INCLUDE AS A COVERAGE GROUP MEMBERS OF THE MISSISSIPPI NATIONAL GUARD WHO ARE COMPENSATED FOR TRAINING AND MILITARY DUTY OUT OF FEDERAL FUNDS APPROPRIATED FOR USE BY THE MISSISSIPPI NATIONAL GUARD, PROVIDED THAT FUNDS ARE MADE AVAILABLE TO PAY EMPLOYER CONTRIBUTIONS ON THE SALARIES OF THOSE MEMBERS FROM THE FEDERAL GOVERNMENT OR STATE APPROPRIATIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 25-11-107, Mississippi Code of 1972, is amended as follows:

     25-11-107.  (1)  The Board of Trustees of the Public Employees' Retirement System may include as a coverage group under this article those regular full-time civilian employees of the Mississippi National Guard whose entire salary is paid on certification out of allotted federal funds, provided that funds are made available from the federal government or state appropriations to pay employers' contributions on the salaries of those employees.  If the employers' contributions on those salaries are not paid in full to the Public Employees' Retirement System, the Board of Trustees of the Public Employees' Retirement System shall not allow creditable service * * * for any such period of delinquency, and the retirants shall be allowed only the creditable service that had accrued up to the time of any such delinquency.  However, members who remain in the system with their creditable service * * * suspended during any such period of delinquency may obtain full creditable service * * * upon the payment of all employers' contributions that are due to the retirement system for the entire coverage group.

     (2)  The Board of Trustees of the Public Employees' Retirement System may include as a coverage group under this article those members of the Mississippi National Guard who are compensated for field training, armory drills, training assemblies or other military training or military duty and whose compensation for that training and duty is paid out of federal funds appropriated for the use of the Mississippi National Guard, provided that funds are made available from the federal government or state appropriations to pay employers' contributions on the salaries of those members.  If the employers' contributions on those salaries are not paid in full to the Public Employees' Retirement System, the Board of Trustees of the Public Employees' Retirement System shall not allow creditable service for any such period of delinquency, and the retirants shall be allowed only the creditable service that had accrued up to the time of any such delinquency.  However, members who remain in the system with their creditable service suspended during any such period of delinquency may obtain full creditable service upon the payment of all employers' contributions that are due to the retirement system for the entire coverage group.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2003.