Senate Bill 2218

AN ACT TO AMEND SECTION 25-11-103, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN DEFINITIONS RELATING TO THE LAWS GOVERNING THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; TO REVISE THE DEFINITION OF THE TERM "BENEFICIARY" TO MAKE IT CLEAR THAT, IN THE EVENT THAT A MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM DIES BEFORE RETIREMENT AND THE SPOUSE AND/OR CHILDREN ARE NOT ENTITLED TO A RETIREMENT ALLOWANCE ON THE BASIS THAT THE DECEASED MEMBER DID NOT HAVE THE REQUISITE NUMBER OF YEARS OF SERVICE, THE TYPE OF SERVICE TO WHICH IS REFERRED IS MEMBERSHIP SERVICE; TO REVISE THE DEFINITION OF THE TERM "CHILD" TO CLARIFY THAT A NATURAL CHILD OF A MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM IS ONE THAT IS CONCEIVED BEFORE THE DEATH OF THE MEMBER; TO REVISE THE DEFINITION OF THE TERM "EARNED COMPENSATION" TO EXCLUDE FROM EARNED COMPENSATION THE VALUE OF MAINTENANCE FURNISHED AND TO EXCLUDE THE VALUE OF ANY IN-KIND BENEFITS FROM THE COMPUTATION OF EARNED COMPENSATION; TO AMEND SECTION 25-11-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CREDITABLE SERVICE FOR MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR PERIODS OF TIME AFTER JULY 1, 2013, SHALL BE AWARDED IN MONTHLY INCREMENTS; TO PROVIDE THAT THE COMPUTATION OF UNUSED LEAVE FOR CREDITABLE SERVICE FOR MEMBERS WHO RETIRE ON OR AFTER JULY 1, 2013, SHALL BE CALCULATED IN MONTHLY INCREMENTS; TO MAKE IT CLEAR THAT LEAVE CREDIT FOR ELECTED OFFICIALS WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM IS IN LIEU OF, AND NOT IN ADDITION TO, LEAVE EARNED WHILE SIMULTANEOUSLY EMPLOYED IN A NONELECTED POSITION IN THE SYSTEM; TO AMEND SECTION 25-11-113, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHO APPLIES FOR A DISABILITY RETIREMENT ALLOWANCE MUST PROVIDE SUFFICIENT OBJECTIVE MEDICAL EVIDENCE IN SUPPORT OF THE CLAIM AND TO DEFINE "OBJECTIVE MEDICAL EVIDENCE"; TO AMEND SECTION 25-11-114, MISSISSIPPI CODE OF 1972, TO MAKE IT CLEAR THAT IF A MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM DIES BEFORE BEING QUALIFIED FOR A FULL, UNREDUCED RETIREMENT ALLOWANCE, THE REDUCTION FACTOR FOR THE ANNUITY OF THE SURVIVING SPOUSE SHALL BE BASED ON THE NUMBER OF YEARS THAT WOULD HAVE BEEN REQUIRED FOR THE DECEASED MEMBER TO QUALIFY FOR A FULL, UNREDUCED RETIREMENT ALLOWANCE; TO MAKE IT CLEAR THAT IN ORDER FOR BENEFITS FOR A DEATH OR DISABILITY THAT OCCURS IN THE PERFORMANCE OF DUTY TO BE PAYABLE, THE DEATH OR DISABILITY MUST HAVE BEEN AS A DIRECT RESULT OF A PHYSICAL INJURY SUSTAINED FROM AN ACCIDENT OR A TRAUMATIC EVENT CAUSED BY EXTERNAL VIOLENCE OR PHYSICAL FORCE OCCURRING IN THE PERFORMANCE OF DUTY; TO AMEND SECTION 25-11-119, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISCLOSURE OF CERTAIN CONFIDENTIAL MEMBER INFORMATION TO THE MEMBER'S CURRENT OR FORMER EMPLOYER; TO AMEND SECTION 25-11-121, MISSISSIPPI CODE OF 1972, TO REVISE THE INVESTMENT OPTIONS FOR EXCESS FUNDS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO REFLECT THE CURRENT INVESTMENT ENVIRONMENT; TO AMEND SECTION 25-13-11, MISSISSIPPI CODE OF 1972, TO REVISE THE EARLY RETIREMENT FORMULA FOR THE MISSISSIPPI HIGHWAY SAFETY PATROL RETIREMENT SYSTEM TO PROVIDE THAT THE RETIREMENT ANNUITY SHALL BE REDUCED BY AN ACTUARIALLY DETERMINED PERCENTAGE OR FACTOR, RATHER THAN 3% AS IN CURRENT LAW, FOR EACH YEAR OF AGE BELOW 55 OR FOR EACH YEAR OF SERVICE BELOW 25, WHICHEVER IS THE LESSER; TO AMEND SECTIONS 25-11-111.1, 25-13-11.1 AND 21-29-325, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO MAKE PAYMENTS OF RETIREMENT BENEFITS TO MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, THE MISSISSIPPI HIGHWAY SAFETY PATROL RETIREMENT SYSTEM AND THE MUNICIPAL RETIREMENT SYSTEMS IT ADMINISTERS, BY WHATEVER MEANS IT DEEMS MOST APPROPRIATE AND TO AUTHORIZE ALTERNATE MEANS OF PAYMENT IF THE MEMBER OR BENEFICIARY CAN DEMONSTRATE THAT PAYMENT BY THE PRESCRIBED MEANS WILL CAUSE UNDUE HARDSHIP; AND FOR RELATED PURPOSES.

In the Senate

• Joey Fillingane

  Sponsor

• House of Representatives committee amendmentAdopted

  Adopted Apr 4

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

In the Senate Jan 23 – Mar 13

1. Jan 23Referred to the Senate committee on Finance
2. Mar 6Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Mar 13Committee substitute adopted in the Senate
4. Passed the Senate

In the House of Representatives Mar 15 – Apr 4

1. Mar 15Sent to the House
2. Mar 19Referred to the House committee on Appropriations
3. Apr 3Reported from committee in the House: title sufficient, do pass as amended
4. Apr 4Amended in the House
5. Passed the House as amended

Back in the Senate Apr 5 – Apr 30

1. Apr 5Returned to the Senate to concur in the House's amendments
2. Apr 10Declined in the Senate to concur, and invited a conference
3. Apr 24Conferees named in the Senate: Fillingane, Flowers and Chassaniol
4. Apr 25Conferees named in the House: Frierson, Huddleston (15th) and Flaggs
5. Apr 30Died in conference in the Senate