House Bill 1179

(As Passed the House)

AN ACT TO AMEND SECTIONS 21-29-307, 25-11-129, 25-11-319 AND 25-13-31, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DEDUCTIONS FROM RETIREMENT ALLOWANCES RECEIVED BY THE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR THE PAYMENT OF EMPLOYER OR SYSTEM SPONSORED GROUP LIFE OR HEALTH INSURANCE, OR FOR THE PAYMENT OF DUES AND OTHER MEMBERSHIP FEES FOR CERTAIN STATEWIDE RETIREMENT ASSOCIATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 21-29-307, Mississippi Code of 1972, is amended as follows:

21-29-307. (1) The right of a person to an annuity, a retirement allowance, or benefit, or to the return of contributions, or to any optional benefit or any other right accrued or accruing to any person under the provisions of Articles 1, 3 or 5 of this chapter; the system; and the monies in the system created by those articles, are * * * exempt from any state, county or municipal ad valorem taxes, income taxes, premium taxes, privilege taxes, property taxes, sales and use taxes, or other taxes not so named, notwithstanding any other provision of law to the contrary, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as * * * specifically otherwise provided in Article 1, 3 or 5 of this chapter effective January 1, 1988, and except as otherwise provided in subsection (2) of this section.

(2) Any retired member or beneficiary receiving a retirement allowance or benefit under Article 1, 3 or 5 of this chapter may authorize the Public Employees' Retirement System to make deductions from the retirement allowance or benefit for the payment of employer or system sponsored group life or health insurance, or for the payment of dues and other membership fees to any statewide retirement association composed primarily of retired public employees or their beneficiaries receiving a retirement allowance or benefit from a retirement plan administered by the Board of Trustees of the Public Employees' Retirement System. The deductions authorized under this subsection shall be subject to rules and regulations adopted by the Board of Trustees of the Public Employees' Retirement System.

SECTION 2. Section 25-11-129, Mississippi Code of 1972, is amended as follows:

25-11-129. (1) The right of a person to an annuity, a retirement allowance or benefit, or to the return of contributions, or to any optional benefit or any other right accrued or accruing to any person under the provisions of Articles 1 and 3, the system and the monies in the system created by those articles, are * * * exempt from any state, county or municipal ad valorem taxes, income taxes, premium taxes, privilege taxes, property taxes, sales and use taxes or other taxes not so named, notwithstanding any other provision of law to the contrary, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as * * * specifically otherwise provided in this article and except as otherwise provided in subsection (2) of this section.

(2) Any retired member or beneficiary receiving a retirement allowance or benefit under this article may authorize the system to make deductions from the retirement allowance or benefit for the payment of employer or system sponsored group life or health insurance, or for the payment of dues and other membership fees to any statewide retirement association composed primarily of retired public employees or their beneficiaries receiving a retirement allowance or benefit from a retirement plan administered by the board. The deductions authorized under this subsection shall be subject to rules and regulations adopted by the board.

SECTION 3. Section 25-11-319, Mississippi Code of 1972, is amended as follows:

25-11-319. (1) The right of a person to an annuity, a retirement allowance or benefit, or to the return of contributions, or to any optional benefit or any other right accrued or accruing to any person under the provisions of the Supplemental Legislative Retirement Plan, and the monies in the plan created by this article, are exempt from any state or municipal tax, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as specifically otherwise provided in this article.

(2) Any retired member or beneficiary receiving a retirement allowance or benefit under this article may authorize the system to make deductions from the retirement allowance or benefit for the payment of employer or system sponsored group life or health insurance, or from the payment of dues and other membership fees to any statewide retirement association composed primarily of retired public employees or their beneficiaries receiving a retirement allowance or benefit for a retirement plan administered by the board. The deductions authorized under this subsection shall be subject to rules and regulations adopted by the board.

SECTION 4. Section 25-13-31, Mississippi Code of 1972, is amended as follows:

25-13-31. The right of a person to an annuity, a retirement allowance or benefit, or to the return of contributions, or to any optional benefits or any other right accrued or accruing to any person under the provisions of the Highway Patrol Retirement Law, the system and the monies in the system created by that law, are * * * exempt from any state, county or municipal ad valorem taxes, income taxes, premium taxes, privilege taxes, property taxes, sales and use taxes or other taxes not so named, notwithstanding any other provision of law to the contrary, and exempt from levy and sale, garnishment, attachment, or any other process whatsoever, and shall be unassignable except as * * * specifically otherwise provided in this article.

(2) Any retired member or beneficiary receiving a retirement allowance or benefit under this article may authorize the Public Employees' Retirement System to make deductions from the retirement allowance or benefit for the payment of employer or system sponsored group life or health insurance, or for the payment of dues and other membership fees to any statewide retirement association composed primarily of retired public employees or their beneficiaries receiving a retirement allowance or benefit from a retirement plan administered by the Board of Trustees of the Public Employees' Retirement System. The deductions authorized under this subsection shall be subject to rules and regulations adopted by the Board of the Public Employees' Retirement System.

SECTION 5. This act shall take effect and be in force from and after July 1, 2004.