Mississippi Administrative Code

The composition, terms of office, and compensation of the Board are prescribed by Miss. Code Ann. 5 25-9-109, as amended. Notes 27 Miss. Code. R. 140-2.1 Miss. Code Ann. § 25-9-111. Amended 12/19/2022

The Board shall consist of the membership set forth in Miss. Code. Ann. 5 25-9-109, as amended. All appointments shall be made by the Governor and confirmed by the Senate. Each member of the Board shall take the Oath of Office prescribed by Section 268 of the Mississippi Constitu…

The terms of office shall be as prescribed in Miss. Code Ann. 5 25- 9-109, as amended. Notes 27 Miss. Code. R. 140-2.3 Miss. Code Ann. § 25-9-111. Amended 12/19/2022

The Lieutenant Governor may designate two Senators and the Speaker of the House of Representatives may designate two Representatives to attend any meeting of the Board. Pursuant to Miss. Code Ann. 5 25-9-111, the Legislative Designees may not vote on any matter but shall receive …

The members of the Board shall receive per diem compensation, as provided by law, for each day devoted to the discharge of official duties. In addition, the members of the Board shall be reimbursed the actual and necessary expenses incurred in the discharge of their duties and sh…

Conflicts of interest and improper use of office are addressed in Miss. Code Ann. 5 25-4-101 through 5 25-4-121, as amended. As an appointed official of the government, a member of the Board is defined as a "public servant" and is subject to the Ethics in Government Laws. Notes 2…

The Board shall select from its membership the Chair and Vice Chair and any other officer deemed necessary by the Board during the Board's regular meeting in the month of June. The Chairmanship and Vice-Chair will rotate according to seniority. The term of office of said officers…

In the event the Chair is unable to complete his/her term of office, the Vice Chair shall become Chair and complete the remainder of the term. If the Vice Chair is unable to assume the position, the Board shall fill the vacancy as provided in Section 13. In the event an officer (…

All meetings of the Board are declared to be open meetings and shall be open to the public at all times unless an executive session is declared. All meetings shall be conducted in accordance with Miss. Code Ann. 5 25-41-1 through 5 25-41-17, as amended, which govern open meetings…

The Board will hold regular meetings at least once each month. Normally, the Board will meet at the headquarters of the Mississippi State Personnel Board on the third Thursday of each month. When requested by any member of the Board or the Executive Director, the time, day, and l…

The Board Chair may call a special meeting that was not otherwise set during the Board's prior meeting. The notice and conduct of said meetings shall be consistent with the Open Meetings Act and other applicable statutes. Notes 27 Miss. Code. R. 140-3.3 Miss. Code Ann. § 25-9-111…

Notice for all meetings shall be consistent with Miss. Code Ann. § 25-41- 13 which provides that any public body which holds its meetings at such times and places and by such procedures as are specifically prescribed by statute shall continue to do so and no additional notice of …

The Chair or Executive Director shall decide whether a meeting may be conducted via teleconference or video. Notice and conduct of said meeting shall be consistent with the Open Meetings Act and other applicable statutes Notes 27 Miss. Code. R. 140-3.5 Miss. Code Ann. § 25-9-111.…

An act on the part of the majority at which a quorum is present shall be the act of the Board unless statute requires action by a greater number. The method of voting shall be by voice vote unless any one member of the Board requests a roll call vote. Votes taken during any meeti…

An agenda shall be developed for each meeting. Items shall be placed on the agenda with the approval of the Chair or Executive Director at least four days prior to the meeting except in cases of a called special meeting. The agenda shall provide the outline for the meeting. Howev…

Accurate written minutes shall be kept for each regular or special meeting of the Board. The Executive Director shall be responsible for ensuring that such minutes are maintained. The minutes shall show the members present; the date, time, and place of the meeting; an accurate re…

Persons wishing to make formal presentations to the Board shall submit a written request to the Executive Director not less than ten days prior to a scheduled Board meeting. Presentations shall be allowed at the discretion of the Chair. The Chair may impose limits on the length o…

The purpose of this regulation is to define the term "state employee" for purposes of reporting for Social Security and retirement annuity coverage. It also clarifies PERS' responsibilities for collecting and reporting Social Security Contributions. Notes 27 Miss. Code. R. 210-01…

State employees are hereby defined as those who are under the control and direction of a state department, institution or agency. Each employee so covered shall be paid by the agency from funds under its control, or on the basis of budgets prepared by the agency, whether the fund…

1. Reporting for periods prior to January 1, 1987 Prior to December 31, 1986, the state department, institution or agency which has the control and direction of state employees is responsible for the collection and remittance of the employees' contributions and the remittance of …

The purpose of this regulation is to define part-time temporary and emergency employees for purposes of eligibility for Social Security coverage. Notes 27 Miss. Code. R. 210-02-100

Emergency employees shall be defined as those who are hired to serve on the basis that a condition of emergency exists and these employees shall not be included in Social Security coverage. Services in part-time temporary positions, the compensation for which is less than $50 per…

The purpose of this regulation was to define the term "teacher"; for purposes of Social Security and Retirement Annuity coverage, including the effective date of such coverage. Notes 27 Miss. Code. R. 210-03-100 Amended 8/1/2016

This regulation, which addressed the coverage of teachers formerly covered under the Teachers' Retirement System, was repealed by the Board of Trustees on August 1, 2016. Notes 27 Miss. Code. R. 210-03-101 Amended 8/1/2016

Teachers, as defined by Section 1, subsection 3, of Senate Bill 280, Laws of 1952, who were in active service on the last month of the school year preceding the date of signing the agreement, who have not resigned or retired, or whose services have not been otherwise terminated p…

Teachers, as defined by Section 1, subsection 3, of Senate Bill 280, Laws of 1952, are automatically covered under the state retirement annuity program, [now Article III beginning at Miss. Code Ann. § 25-11-101 (1972, as amended)], and shall be reported for retirement annuity cov…

The purpose of this regulation is to provide for the manner in which employees of public schools who are not teachers may be covered for Social Security and Retirement Annuity coverage. Notes 27 Miss. Code. R. 210-04-100

Employees of public schools, other than teachers, are not to be included in the original agreement between the State and the Federal Security Administration, but may be included by separate agreements made with the superintendents of the various school districts, or these employe…

1. February 1, 1953 to June 30, 1973 Employees of public schools, other than teachers, are not automatically included in the state retirement annuity coverage, but may be included by separate agreements made with the superintendents of the various school districts, or these emplo…

The purpose of this regulation is to clarify the conditions under which an employee is eligible for Social Security and State Retirement Annuity coverage during educational or professional leave. Notes 27 Miss. Code. R. 210-05-100

"Educational Leave" is defined as that period of time during which an employee in a covered group is absent from his job or position obtaining instruction and additional education to better qualify him to perform his duties with his agency. In order to qualify for "educational le…

The purpose of this regulation is to clarify when a member of a Board or Commission is considered as an employee in state service for Retirement Annuity coverage. Notes 27 Miss. Code. R. 210-06-100

Members of Boards and Commissions of various state departments or agencies or commissions, who are paid solely on a per diem and expense basis, shall not be considered as in state service within the meaning of this term as it applies to employment of the state. Members of such Bo…

The purpose of the regulation is to specify when members of the Legislature are eligible for Social and State Retirement Annuity coverage when the System was created in 1952 and thereafter. Notes 27 Miss. Code. R. 210-07-100

Members of the Legislature, who were elected to serve in the 1952 Regular Session and who have not resigned from state service, or retired or become deceased and members who were elected subsequently to the 1952 Session to fill vacant positions caused by death or resignation shal…

Thereafter, all newly elected legislators and employees of subsequent legislatures shall be covered automatically in accordance with the statutes and regulations governing state retirement annuity coverage. Notes 27 Miss. Code. R. 210-07-102 Adopted May 29, 1952, page 12; amended…

The purpose of this regulation is to set forth when former employees who reentered state service after April 15, 1952, but prior to July 1, 1953, are eligible for prior service credit under state retirement annuity coverage. Notes 27 Miss. Code. R. 210-08-100

Any former employee with prior service with any department of the State of Mississippi, or any County, Municipality, or any Subdivision or Instrumentality, who, after April 15, 1952, but prior to July 1, 1953, re-enters either the department for which prior service was performed,…

The purpose of this regulation is to define what public service qualifies for prior service credit for retirement annuity coverage. Notes 27 Miss. Code. R. 210-09-100

Prior service credits in the Public Employees' Retirement System of Mississippi may be granted only for service performed for a State Agency, or for an instrumentality or juristic entity of the State of Mississippi, which is covered by an agreement executed between such instrumen…

The purpose of this regulation is to clarify the covered wages on which employee contributions are required for retirement annuity coverage. Notes 27 Miss. Code. R. 210-10-100

Employee contributions shall be made on the basis of the contribution rates as set by the Board of Trustees from time to time as applied to earned compensation as defined by law. 1. From February 1, 1953 to June 30, 1968 Deductions for Article II, [now Article III beginning at Mi…

The purpose of this regulation is to establish the initial effective date on which contribution were due for state retirement annuity coverage. Notes 27 Miss. Code. R. 210-11-100

Payments for the State Retirement Annuity (Article II), [now Article III beginning at Miss. Code Ann. § 25-11-101 et seq. (1972, as amended)] are due on wages earned from and after February 1, 1953, and retirement for those eligible for retirement under Article II, [now Article I…

The purpose of this regulation is to clarify eligibility of retirants from other retirement systems for membership in state retirement annuity coverage. Notes 27 Miss. Code. R. 210-12-100

1. Prior to July 1, 1980 Prior to July 1, 1980, statutory law prohibited any person who was retired from service under any retirement system of the State of Mississippi operating for state, county or municipal employees and who was receiving retirement benefits thereunder from be…

The purpose of this regulation is to provide the basis for making employer contributions for State Retirement Annuity Coverage. Notes 27 Miss. Code. R. 210-13-100