House Bill 860

AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 25-11-106.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COUNTY IS RESPONSIBLE FOR EMPLOYER CONTRIBUTIONS TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) ON NET INCOME ATTRIBUTABLE TO DIRECT TREASURY OR COUNTY PAYROLL INCOME TO THE CHANCERY OR CIRCUIT CLERK FROM THE COUNTY AND THE CHANCERY OR CIRCUIT CLERK IS RESPONSIBLE FOR THE EMPLOYEE CONTRIBUTIONS TO PERS ON NET INCOME ATTRIBUTABLE TO DIRECT TREASURY OR COUNTY PAYROLL INCOME AND BOTH THE EMPLOYEE AND EMPLOYER SHARE OF CONTRIBUTIONS ON THE PROPORTIONATE SHARE OF NET INCOME ATTRIBUTABLE TO FEES; TO AUTHORIZE THE COUNTY TO ELECT TO BE RESPONSIBLE FOR THE EMPLOYER SHARE OF CONTRIBUTIONS TO PERS ON THE PROPORTIONATE SHARE OF NET INCOME OF CHANCERY AND CIRCUIT CLERKS ATTRIBUTABLE TO FEES; TO PROVIDE THAT IF THE COUNTY ELECTS TO BE RESPONSIBLE FOR SUCH EMPLOYER CONTRIBUTIONS, THE ELECTION SHALL BE IRREVOCABLE UNTIL THE BOARD OF SUPERVISORS TAKES OFFICE FOR THE NEXT SUCCEEDING TERM OF OFFICE AT WHICH TIME THE BOARD MAY ELECT WHETHER TO CONTINUE SUCH ELECTION; TO PROVIDE THAT IF THE CHANCERY OR CIRCUIT CLERK FAILS TO MAKE FULL PAYMENT OF CONTRIBUTIONS AS REQUIRED IN CALENDAR YEAR 2010 OR ANY CALENDAR YEAR THEREAFTER, PERS SHALL CERTIFY THE DELINQUENCY TO THE COUNTY AND THE COUNTY SHALL WITHHOLD ANY AND ALL PAYMENTS AND FEES DUE TO THE CHANCERY OR CIRCUIT CLERK UNTIL SUCH TIME AS THE AMOUNT OF HIS OR HER DELINQUENT CONTRIBUTIONS ARE WITHHELD AND PAY THE AMOUNT SO WITHHELD TO PERS; TO PROVIDE THAT ANY CURRENT OR FORMER CHANCERY OR CIRCUIT CLERK FOR WHOM APPROPRIATE EMPLOYEE AND EMPLOYER CONTRIBUTIONS AND INTEREST ON ALL FEES AND COUNTY INCOME FROM COVERED SERVICE BEFORE JANUARY 1, 2010, HAVE NOT BEEN MADE, SHALL PAY TO PERS THE REQUIRED CONTRIBUTIONS AND INTEREST BY NOT LATER THAN DECEMBER 31, 2011, OR IRREVOCABLY FORFEIT SERVICE CREDIT FOR ANY PERIOD FOR WHICH CONTRIBUTIONS ARE DELINQUENT, OR ELECT, BEFORE DECEMBER 31, 2011, NOT TO PAY DELINQUENT EMPLOYEE AND EMPLOYER CONTRIBUTIONS AND APPLICABLE INTEREST FOR SERVICE AS A CHANCERY OR CIRCUIT CLERK BEFORE JANUARY 1, 2010, AND IRREVOCABLY FORFEIT SERVICE CREDIT FOR ANY PERIOD FOR WHICH CONTRIBUTIONS ARE DELINQUENT; TO AMEND SECTION 9-1-43, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EMPLOYER CONTRIBUTIONS MADE TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM UNDER SECTION 25-11-106.1 MAY BE DEDUCTED IN DETERMINING THE MAXIMUM AMOUNT OF FEES AS COMPENSATION THE CHANCERY OR CIRCUIT CLERKS MAY RECEIVE FOR THEIR SERVICES; TO AMEND SECTION 25-11-123, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO AND REMOVE THE JULY 1, 2012, REPEAL DATE ON THIS SECTION; AND FOR RELATED PURPOSES.

In the House of Representatives

• Johnny W. Stringer

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 17 – Feb 2

1. Jan 17Referred to the House committee on Appropriations
2. Feb 1Reported from committee in the House: title sufficient, do pass as a committee substitute
3. Feb 2Committee substitute adopted in the House
4. Passed the House

In the Senate Feb 2 – Mar 1

1. Feb 2Motion in the House to reconsider entered (Flaggs, Stringer and Sullivan)
2. Feb 3Motion in the House to reconsider tabled
3. Feb 7Sent to the Senate
4. Referred to the Senate committee on Finance
5. Mar 1Died in committee in the Senate