MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Appropriations

By: Representative Read, Martinson, Broomfield, Brown, Davis, Denny, Middleton, Miles, Weathersby

House Bill 1716

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FROM SPECIAL FUNDS IN THE STATE TREASURY FOR THE PURPOSE OF DEFRAYING THE ADMINISTRATIVE EXPENSES OF THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND FOR THE MAINTENANCE AND OPERATION OF THE RETIREMENT SYSTEM BUILDING FOR THE FISCAL YEAR 2005.

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

SECTION 1.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Administrative Expense Account of the Public Employees' Retirement System for the purpose of defraying the administrative expenses of the Board of Trustees of the Public Employees' Retirement System, or out of any money in the State Treasury to the credit of the Retirement System Building Account of the Public Employees' Retirement System for the purpose of maintenance and general operation of the Retirement System Building, for the fiscal year beginning July 1, 2004, and ending June 30, 2005    $     9,700,900.00.

     SECTION 2.  Of the funds appropriated under the provisions of Section 1, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$     6,316,710.00

Travel and Subsistence..............         75,000.00

Contractual Services.....................      2,936,190.00

Commodities..............................        300,000.00

     Capital Outlay:

Other Than Equipment................              0.00

Equipment...........................         73,000.00

Subsidies, Loans and Grants..............              0.00

Total.............................. $     9,700,900.00

   AUTHORIZED POSITIONS:

Permanent:    Full Time...........      139

Part Time...........        0

Time-Limited:Full Time...........        0

Part Time...........        0

     With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 budget by the Mississippi Legislature.  Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act.  It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

     Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     SECTION 3.  It is the intention of the Legislature that the Board of Trustees of the Public Employees' Retirement System shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.

SECTION 4.  The following sum, or so much thereof as may be necessary, while remaining within the project cost of Sixteen Million Four Hundred Thirty-two Thousand Eight Hundred Eighty-five Dollars ($16,432,885.00) is hereby reappropriated out of any money in the State Treasury to the credit of the Building Fund Expense Account of the Public Employees' Retirement System for the purpose of construction and renovation to the existing building and parking facilities located at 429 Mississippi Street in Jackson, Mississippi, including architectural fees and furnishings, as well as associated moving expenses and to provide monies for the lease of facilities while the construction/renovation is underway, for the fiscal year beginning July 1, 2004, and ending June 30, 2005

................................................. $3,000,000.00.

The expenditure of funds appropriated under this section shall be subject to the approval of the Department of Finance and Administration, and the Department of Finance and Administration shall submit an annual report regarding such expenditures to the Legislative Budget Office, the House Public Buildings, Grounds and Lands Committee and the Senate Public Property Committee.

SECTION 5.  In accordance with the purposes of this article, there shall be established in the State Treasury the Public Employees' Retirement System Building Repair and Maintenance Fund, into which shall be deposited all funds collected as rental income from the building owned by the system located at 301 North President Street, Jackson, Mississippi.  At the end of each fiscal year, any and all unexpended funds shall be transferred to the Administrative Budget Fund of the system.

     It is the intention of the Legislature that the system have the authority to escalate the Public Employees' Retirement System Building Repair and Maintenance Fund in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) for repair and maintenance of the buildings owned by the system.  All expenditures from the Public Employees' Retirement System Building Repair and Maintenance Fund shall be in accordance with this article and for the purposes designated herein.

     SECTION 6.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2004.