House Bill 899

AN ACT TO CREATE SECTION 25-11-110, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UPON THE DEATH OF A MEMBER OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM THAT OCCURS WHILE THE MEMBER IS PERFORMING CERTAIN QUALIFIED MILITARY SERVICE, THE DECEASED MEMBER'S PERIOD OF QUALIFIED MILITARY SERVICE SHALL BE COUNTED FOR VESTING PURPOSES AND, TO THE EXTENT REQUIRED BY THE INTERNAL REVENUE CODE, THE DECEASED MEMBER'S SURVIVORS ARE ENTITLED TO ANY ADDITIONAL BENEFITS THAT THE SYSTEM WOULD PROVIDE IF THE MEMBER HAD RESUMED EMPLOYMENT AND THEN DIED; TO PROVIDE THAT A MEMBER IN QUALIFIED MILITARY SERVICE WHO IS RECEIVING DIFFERENTIAL WAGE PAYMENTS (WITHIN THE MEANING OF CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE) FROM AN EMPLOYER SHALL BE TREATED AS EMPLOYED BY THAT EMPLOYER, AND THE DIFFERENTIAL WAGE PAYMENT SHALL BE TREATED AS COMPENSATION FOR PURPOSES OF APPLYING THE LIMITS ON ANNUAL ADDITIONS UNDER CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE; TO CREATE SECTION 25-11-119.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PERFORM ON-SITE COMPLIANCE AUDITS OF EMPLOYERS TO DETERMINE COMPLIANCE WITH REPORTING, CONTRIBUTIONS, AND CERTIFICATION REQUIREMENTS; TO IMPOSE PENALTIES ON EMPLOYERS FOR FAILURE OF THE EMPLOYER TO ALLOW ACCESS, PROVIDE RECORDS OR COMPLY IN ANY WAY WITH SUCH AN AUDIT; TO AUTHORIZE THE WAIVER OF PENALTIES UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE AN EMPLOYER TO REIMBURSE THE SYSTEM FOR THE COST OF AN AUDIT IF THE AUDIT REVEALS AN EMPLOYEE'S FAILURE TO MAKE CERTAIN REQUIRED CONTRIBUTIONS; 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 AMEND SECTION 25-11-105, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MEMBER WHO IS AN EMPLOYEE OF A POLITICAL SUBDIVISION WHO WAS EMPLOYED BY THE POLITICAL SUBDIVISION BEFORE THE SUBDIVISION BECAME COVERED BY THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAY MAKE PAYMENTS FOR AND RECEIVE CREDIT FOR SERVICE PRIOR TO SUCH COVERAGE IN INCREMENTS OF NOT LESS THAN ONE MONTH; 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, 2017, 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, 2017, 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 25-11-111, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A MEMBER'S RETIREMENT BENEFIT PAYMENTS BEGIN THE FIRST DAY OF THE MONTH AFTER THE MEMBER'S APPLICATION FOR BENEFITS IS RECEIVED BY THE BOARD OF TRUSTEES OF THE RETIREMENT SYSTEM; TO AMEND SECTIONS 25-11-111.1, 25-13-11.1 AND 21-29-325, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM SHALL MAKE PAYMENTS OF RETIREMENT BENEFITS TO MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, THE MISSISSIPPI HIGHWAY SAFETY PATROL RETIREMENT SYSTEM AND MUNICIPAL RETIREMENT SYSTEMS BY WHATEVER MEANS THE BOARD OF TRUSTEES PRESCRIBES BY REGULATION TO BE THE MOST APPROPRIATE FOR PROPER AND EFFICIENT PAYMENT OF BENEFITS; TO PROVIDE THAT THE BOARD OF TRUSTEES MAY PROVIDE FOR ALTERNATIVE MEANS OF PAYMENT IN CERTAIN CIRCUMSTANCES; TO AMEND SECTION 25-11-113, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A MEMBER WHO HAS BEEN APPROVED FOR A DISABILITY RETIREMENT ALLOWANCE DOES NOT TERMINATE STATE SERVICE WITHIN 90 DAYS AFTER APPROVAL, THE DISABILITY RETIREMENT AND THE APPLICATION FOR DISABILITY RETIREMENT SHALL BE VOID; 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 PROVIDE THAT APPLICATIONS FOR DISABILITY RETIREMENT MUST BE FILED WITHIN ONE YEAR AFTER TERMINATION FROM ACTIVE SERVICE AND TO PROVIDE FOR EXTENSIONS OF SUCH PERIOD UNDER CERTAIN CIRCUMSTANCES; 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 PROVIDE THAT THE EXTENSION OF THE AGE LIMITATION UNDER THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR BEING A DEPENDENT THAT IS EXTENDED TO THE JULY 1 AFTER ATTAINING AGE 23 SHALL APPLY ONLY TO STUDENT CHILDREN RECEIVING A RETIREMENT ALLOWANCE AS OF JUNE 30, 2016; 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 25-13-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE EXTENSION OF THE AGE LIMITATION FOR BEING A DEPENDENT UNDER THE MISSISSIPPI HIGHWAY SAFETY PATROL RETIREMENT SYSTEM THAT IS EXTENDED TO THE JULY 1 AFTER ATTAINING AGE 23 SHALL APPLY ONLY TO STUDENT CHILDREN RECEIVING A RETIREMENT ALLOWANCE AS OF JUNE 30, 2016; TO AMEND SECTION 25-11-115, MISSISSIPPI CODE OF 1972, TO ESTABLISH A DEADLINE OF ONE YEAR FROM THE DATE OF THE MARRIAGE FOR A RETIREE TO CHANGE FROM OPTION 1 TO OPTION 2 OR 4-A TO PROVIDE A LIFETIME BENEFIT FOR A NEW SPOUSE; TO AMEND SECTIONS 25-11-117, 25-11-311 AND 25-13-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN AND THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM WHO HAVE RECEIVED A REFUND OF THEIR CONTRIBUTIONS AND REENTER STATE SERVICE MAY PURCHASE THE CREDITABLE SERVICE THAT WAS COVERED BY THE REFUND IN INCREMENTS OF NOT LESS THAN ONE MONTH; TO AMEND SECTION 25-13-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IN THE CASE OF THE RETIREMENT OF ANY MEMBER OF THE HIGHWAY SAFETY PATROL RETIREMENT SYSTEM PRIOR TO THE AGE OF ATTAINING 55, THE EMPLOYER'S ANNUITY AND PRIOR SERVICE ANNUITY SHALL BE REDUCED BY AN ACTUARIALLY DETERMINED FACTOR FOR EACH YEAR OF AGE BELOW 55 OR EACH YEAR OF SERVICE BELOW 25, WHICHEVER IS LESSER; TO AMEND SECTIONS 25-11-141, 25-15-3, 25-15-9, 25-15-11, 25-15-14 AND 25-15-15, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN PROVISIONS REGARDING THE IMPLEMENTATION OF A PLAN OF HEALTH INSURANCE DESIGNED BY THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; TO REPEAL SECTIONS 25-11-143 AND 25-11-145, MISSISSIPPI CODE OF 1972, WHICH REQUIRE THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO DESIGN A PLAN OF HEALTH INSURANCE FOR ALL CURRENT AND FUTURE RETIREES AND PROVIDE WHEN SUCH PLAN SHALL BE IMPLEMENTED; AND FOR RELATED PURPOSES.

In the House of Representatives

• Mac Huddleston

  Sponsor

• Senate committee amendmentAdopted

  Adopted Mar 28

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

In the House of Representatives Feb 8 – Feb 24

1. Feb 8Referred to the House committee on Appropriations
2. Feb 17Reported from committee in the House: title sufficient, do pass
3. Feb 24Passed the House

In the Senate Feb 24 – Mar 28

1. Feb 24Motion in the House to reconsider entered (Huddleston (30th), Frierson and Huddleston (15th))
2. Mar 3Motion in the House to reconsider tabled
3. Sent to the Senate
4. Mar 11Referred to the Senate committee on Finance
5. Mar 22Reported from committee in the Senate: title sufficient, do pass as amended
6. Mar 28Amended in the Senate
7. Passed the Senate as amended

Back in the House of Representatives Mar 29 – Apr 5

1. Mar 29Returned to the House to concur in the Senate's amendments
2. Mar 31Concurred in the House in the Senate's amendments
3. Apr 5Enrolled bill signed in the House

To the Governor Apr 5 – Apr 11

1. Apr 5Enrolled bill signed in the Senate
2. Apr 11Approved by the Governor