House Bill 855

(As Passed the House)

AN ACT TO CODIFY NEW SECTION 25-13-35, MISSISSIPPI CODE OF 1972, TO ALLOW RETIRED HIGHWAY SAFETY PATROL OFFICERS TO BE REEMPLOYED AFTER RETIREMENT UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 25-13-35, Mississippi Code of 1972:

25-13-35. (1) No person who is being paid a retirement allowance after retirement under this chapter may be employed or paid for any service covered under this chapter, except as provided in this section.

(2) The Board of Trustees of the Public Employees' Retirement System shall prescribe rules and regulations for carrying out the provisions of this section.

(3) Members of the Highway Safety Patrol Retirement System who are receiving a retirement allowance under this chapter and who have withdrawn from service not less than ninety (90) consecutive days from their effective date of retirement may be employed after retirement and continue to receive a retirement allowance under this chapter in accordance with the following provisions:

(a) The captain of each Highway Safety Patrol district shall submit names of retired members who wish to be employed after retirement to the Commissioner of Public Safety, who will select the retired members to be employed from those names.

(b) A retired member shall be employed only for the purpose of enforcing the traffic laws on the highways in this state on a regular basis, not primarily for administrative duties.

(c) The rank of a retired member during the period of employment after retirement shall be a sergeant first class, or the rank that he or she held at the time of retirement, whichever is the lower rank.

(d) The retired member may work for a period of time not to exceed one-half (1/2) of the normal working days or one-half (1/2) of the equivalent number of hours for the position in any fiscal year, during which the retired member will receive no more than one-half (1/2) of the salary in effect for the position at the time of employment; however, the salary of a retired member during the period of employment after retirement shall not exceed the maximum amount of the salary for a sergeant first class.

(e) A retired member employed under the provisions of this section shall be subject to the provisions of Section 25-13-11(f) specifying a mandatory retirement age.

(f) A retired member employed after retirement is authorized to wear the uniform of a Highway Safety Patrol officer while performing the official duties of the job.

(g) A retired member shall not be a contributing member of the Highway Patrol Retirement System and shall not receive any additional creditable service in the retirement system for the period of employment after retirement.

(h) The Department of Public Safety shall give notice in writing to the executive director of the board setting forth the facts upon which the employment of a retired member is being made. The notice shall be given within five (5) days from the date of employment and also from the date of termination of the employment.

(i) The Department of Public Safety shall report to the board the applicable wages of the retired members and pay to the board an amount equal to the total amount of the employer's contribution on the amount of compensation received by the retired members for their employment, to provide funding to actuarially offset any increased pension liability that the retirement system may have because of employment of the retired members.

(4) This section shall stand repealed on July 1, 2013.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.