Senate Bill 2860

(As Sent to Governor)

AN ACT TO PROVIDE THAT FOR CONSTABLES WHOSE POSITION IS COVERED IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, THE COUNTY IS RESPONSIBLE FOR EMPLOYER CONTRIBUTIONS ON ALL DIRECT PAYMENTS TO THE CONSTABLE FROM THE COUNTY AND THE CONSTABLE IS RESPONSIBLE FOR THE EMPLOYEE CONTRIBUTIONS ON THOSE PAYMENTS; TO PROVIDE THAT WHERE THE CONSTABLE IS RESPONSIBLE FOR BOTH THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS ON NET FEE INCOME, THE COUNTY SHALL WITHHOLD FROM FEE INCOME DUE TO THE CONSTABLE A PERCENTAGE OF THE GROSS FEE INCOME PAID TO THE CONSTABLE AS ESTIMATED RETIREMENT CONTRIBUTIONS AND SHALL REMIT THAT AMOUNT TO THE SYSTEM; TO PROVIDE THAT IF THE CONSTABLE FAILS TO MAKE THE FULL PAYMENT AT THAT TIME, THE SYSTEM SHALL CERTIFY THE DELINQUENCY AND THE COUNTY SHALL WITHHOLD ANY AND ALL PAYMENTS AND FEES DUE TO THE CONSTABLE UNTIL SUCH TIME AS THE RETIREMENT CONTRIBUTIONS ARE FULLY REPORTED AND MADE; TO PROVIDE THAT ANY CURRENT OR FORMER CONSTABLE FOR WHOM APPROPRIATE EMPLOYER AND EMPLOYEE CONTRIBUTIONS AND INTEREST ON ALL FEE AND COUNTY INCOME FROM COVERED SERVICE BEFORE JANUARY 1, 2006, HAVE NOT BEEN MADE, MUST EITHER MAKE ALL OF THE REQUIRED PAYMENTS BY A CERTAIN DATE, OR IRREVOCABLY ELECT NOT TO PAY DELINQUENT EMPLOYEE AND EMPLOYER CONTRIBUTIONS PLUS INTEREST FOR SERVICE AS A CONSTABLE BEFORE JANUARY 1, 2006, AND BY DOING SO SHALL IRREVOCABLY FORFEIT THAT SERVICE CREDIT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following provision shall be codified as Section 25-11-106, Mississippi Code of 1972:

25-11-106. (1) (a) Any constable in office as of July 1, 2005, whose position is covered in the Public Employees' Retirement System by virtue of a plan submitted and approved under Section 25-11-105(f) will remain a member of the Public Employees' Retirement System.

(b) The county is responsible for employer contributions on all direct payments to the constable from the county and the constable is responsible for the employee contributions on those payments. From and after January 1, 2006, in cases in which the constable is responsible for both the employer and employee contributions on net fee income, the county shall withhold from fee income due to the constable a percentage amount, as set by the board, of the gross fee income paid to the constable as estimated retirement contributions and shall remit that amount to the system. Not later than the date on which the annual report of earnings is due to be filed with the Secretary of State, the constable shall submit to the system a copy of the earnings record and make complete payment of required contributions on net earnings from his office, but not less than the contributions due on the governmental treasuries paid by the county in the prior calendar year. If the constable fails to make full payment at the time required, the system shall certify the delinquency to the county and the county shall withhold any and all payments and fees due to the constable until such time as his retirement contributions are fully reported and made.

(2) Any current or former constable for whom appropriate employer and employee contributions and interest on all fees and county income from covered service before January 1, 2006, have not been made shall do one (1) of the following:

(a) Make the required payments or enter into an irrevocable agreement by not later than December 31, 2005, to make the payments for all calendar years before January 1, 2006. Contributions and interest due and owing for covered services before January 1, 2006, must be received by the system not later than April 15, 2006, or such date as set forth in the payment schedule mutually adopted by the member and the system.

(b) Elect, before December 31, 2005, not to pay delinquent employee and employer contributions and applicable interest for service as a constable before January 1, 2006. By making this election, the current or former constable shall irrevocably forfeit that service credit so as to be relieved of the liability for additional employer and employee contributions and applicable interest.

(3) Where a current or former constable fails to make required contributions as provided in subsection (2)(a) of this section, or where a current or former constable irrevocably elects to forfeit service credit as provided in subsection (2)(b) of this section, all employer and employee contributions previously paid on that service shall be credited to the county as the reporting entity to be distributed as appropriate between the county and the constable or former constable. No further contributions shall be due on that past service and any credit on that past service shall be removed from the member's record and may not be reinstated at any time in the future.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.