MISSISSIPPI LEGISLATURE
2005 5th Extraordinary Session
To: Appropriations
By: Representative Brown, Watson
AN ACT TO AMEND SECTION 25-9-126, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE FURLOUGH OF STATE EMPLOYEES WHENEVER A STATE OF EMERGENCY HAS BEEN DECLARED AND TO ALLOW THOSE EMPLOYEES TO CONTINUE TO RECEIVE THEIR HEALTH AND LIFE INSURANCE BENEFITS FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 25-15-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-9-126, Mississippi Code of 1972, is amended as follows:
25-9-126. (1) In the event that federal funds for the funding of programs of any state agency shall be restricted or limited, the administrative board of such agency or agency administrative head shall have the authority to furlough rather than dismiss employees in accordance with rules and regulations established by the State Personnel Board.
(2) Whenever, under the Mississippi Emergency Management Law, Sections 33-15-1 through 33-15-49, a state of emergency or a local emergency is declared to exist in this state, and federal or state funding is restricted or limited, the administrative board of such agency or agency administrative head shall have the authority to furlough rather than dismiss employees of that agency. During furlough leave, such employees may continue to receive their health and life insurance benefits funded by the state for a period not to exceed six (6) months.
(3) The State Personnel Board is authorized to promulgate rules and regulations to carry out the provisions of this section.
SECTION 2. Section 25-15-3, Mississippi Code of 1972, is amended as follows:
[Through June 30 of the year in which Section 25-11-143 becomes effective as provided in subsection (1) of Section 25-11-143, this section shall read as follows:]
25-15-3. For the purposes of this article, the words and phrases used herein shall have the following meanings:
(a) "Employee" means a person who works full time for the State of Mississippi and receives his compensation in a direct payment from a department, agency or institution of the state government and any person who works full time for any school district, community/junior college, public library or university-based program authorized under Section 37-23-31 for deaf, aphasic and emotionally disturbed children or any regular nonstudent bus driver. This shall include legislators, employees of the legislative branch and the judicial branch of the state and "employees" shall include full-time salaried judges and full-time district attorneys and their staff and full-time compulsory school attendance officers. For the purposes of this article, any "employee" making contributions to the State of Mississippi retirement plan shall be considered a full-time employee. The term "employee" shall also include those employees who have been furloughed pursuant to Section 25-9-126(2).
(b) "Department" means the Department of Finance and Administration.
(c) "Plan" means the State and School Employees Life and Health Insurance Plan created under this article.
(d) "Fund" means the State and School Employees Insurance Fund set up under this article.
(e) "Retiree" means any employee retired under the Mississippi retirement plan.
(f) "Board" means the State and School Employees Health Insurance Management Board created under Section 25-15-303.
[From and after July 1 of the year in which Section 25-11-143 becomes effective as provided in subsection (1) of Section 25-11-143, this section shall read as follows:]
25-15-3. For the purposes of this article, the words and phrases used in this section shall have the following meanings:
(a) "Employee" means a person who works full time for the State of Mississippi and receives his compensation in a direct payment from a department, agency or institution of the state government, and any person who works full time for any school district, community/junior college, public library, university-based program authorized under Section 37-23-31 for deaf, aphasic and emotionally disturbed children, or any regular nonstudent bus driver. This term includes legislators, employees of the legislative branch and the judicial branch of the state, full-time salaried judges and full-time district attorneys and their staff, and full-time compulsory school attendance officers. For the purposes of this article, any "employee" making contributions to the Public Employees' Retirement System or the Highway Safety Patrol Retirement System shall be considered a full-time employee. The term "employee" shall also include those employees who have been furloughed pursuant to Section 25-9-126(2).
(b) "Department" means the Department of Finance and Administration.
(c) "Plan" means the State and School Employees Life and Health Insurance Plan created under this article.
(d) "Fund" means the State and School Employees Insurance Fund set up under this article.
(e) "Board" means the State and School Employees Health Insurance Management Board created under Section 25-15-303.
SECTION 3. This act shall take effect and be in force from and after its passage.