Mississippi Administrative Code

Any vacancy in the office of the committee member shall be declared to the Executive Director by the Committee at the occurrence of such vacancy. The vacancy shall be filled by appointment made by the Executive Director of the Public Employees' Retirement System, and approved by …

The purpose of this regulation is to provide enrollment guidelines for the Third Party Administrator to be used in presenting information to and enrolling employees in the Deferred Compensation Plan. Notes 27 Miss. Code. R. 210-41-100 Amended 12/1/2019 Amended 7/1/2023

The marketing objective is to provide eligible employees a clear understanding of the Deferred Compensation Plan as a supplement to the PERS Retirement Plan. In order to assure that all eligible employees have all the information needed to make informed and unbiased decisions, th…

The Deferred Compensation Plan Administrator should be furnished a list of all new eligible employees. The Deferred Compensation Administrator should be permitted to contact the eligible employee to request a mutually agreed upon time for a personal presentation, if the eligible …

The Deferred Compensation Registered Representatives will work within the following marketing guidelines set forth by PERS. 1. PERS has the authority over coordination of the Deferred Compensation marketing effort. 2. The employer has the ultimate responsibility for informing eac…

This regulation governs all practice and procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi in all matters arising under all retirement plans or programs administered by the Board, except where specifically otherwise provided by the s…

Where good cause appears, not contrary to statute, the Board may permit deviation from these rules insofar as it may find compliance therewith to be impracticable or unnecessary. Notes 27 Miss. Code. R. 210-42-101 Amended 6/1/2015 Amended 12/1/2017

The following words and phrases as used in this Regulation, unless a different meaning is plainly required by the context, have the following meanings: 1. "Board" means the Board of Trustees of the Public Employees' Retirement System of Mississippi. 2. "Executive Director" means …

1. All appeals to the Board shall be initiated by filing a written Notice of Appeal on a form prescribed by the Board. 2. A Notice of Appeal to the Board must be filed within 60 days after the date a person receives written notice of the administrative decision of the Executive D…

1. All documents relating to any proceeding pending or to be instituted before the Board shall be filed with the Executive Director, or his or her designee, at 429 Mississippi Street, Jackson, Mississippi 39201-1005. 2. All documentation filed by any party to an appeal must speci…

No person may file an appeal with the Board until there has been an administrative decision by the Executive Director or, in the case of disability appeals, a decision by the Medical Board. Failure to exhaust administrative remedies, as herein provided, shall constitute a bar to …

After an Order has been issued by the Board, an aggrieved party may file an appeal with the Circuit Court of the First Judicial District of Hinds County, Mississippi. Any such Notice of Appeal must be filed with the Hinds County Circuit Clerk within 30 days of the entry of the Or…

1. The Board may, by Order entered in its minutes, appoint a committee of the Board or such other qualified personnel as Hearing Officer. 2. The Executive Director shall set a date and time for the hearing. Unless otherwise ordered, hearings shall be held in the Hearing Room of t…

1. Any request for a change or delay of a scheduled hearing must be made to the Executive Director in writing. 2. Continuances requested by any party shall be granted within the discretion of the Presiding Officer or Executive Director only for good cause shown. 3. If a continuan…

In an appeal, other than one from a decision of the Medical Board, each party shall file a list of witnesses who will testify at the hearing, as well as a brief summary of testimony to be given. Each party must file a witness list in compliance with this regulation no later than …

1. Each party may be represented by an attorney. 2. At any hearing, the parties shall be entitled to enter an appearance (in person or by an attorney), present evidence, examine and cross-examine witnesses, make arguments, and generally participate in the conduct of the proceedin…

1. The hearing shall be informal and formal rules of evidence shall not apply. In conducting a hearing, the Committee shall not be bound by the formal rules of evidence and no informality in any proceedings or in the manner of taking of testimony shall invalidate any order or dec…

PERS will ensure that all hearings are recorded by electronic or stenographic means. The method used to record each hearing shall be determined by PERS. In response to a written request for a transcript of proceedings recorded by electronic means, PERS will provide an audio recor…

After all evidence is heard or received and the hearing is completed and the Committee's deliberation is concluded, the Committee shall certify the record described in Miss. Code Ann. § 25-11-120 (1972, as amended) to the Board. The record shall include the Committee's proposed s…

All notices and orders required to be served by the Board, the Hearing Officer or the Executive Director may be served by mail and service thereof shall be complete when a true copy of such document, properly addressed and stamped, is deposited in the United States mail. Notes 27…

1. The Board may, from time to time, amend these rules or promulgate new rules. 2. If any one or more of these rules is found to be invalid by any court of competent jurisdiction, such finding shall not affect the validity of any other of these rules. 3. The Board shall have the …

The Board may, by order entered in its minutes, assess and collect fees to offset costs related to the conduct of hearings, including, but not limited to, court reporter fees, medical testimony fees, copying costs, etc. Notes 27 Miss. Code. R. 210-42-116 Amended 6/1/2015 Amended …

The purpose of this regulation is to clarify the interest rates used in calculating the repayment of a refund of contributions or in reporting paying interest on unreported contributions. Notes 27 Miss. Code. R. 210-43-100 Amended 12/1/2015 Amended 12/1/2021 Amended 7/1/2024…

For fiscal years prior to July 1, 1994, interest, as required in Miss. Code Ann. § 25-11-117 (1972, as amended), for the repayment of a refund, or as required in Miss. Code Ann. § 25-11-105 (1972, as amended) for the payment of an adjustment for non-reported covered service and/o…

For the fiscal year beginning on and after July 1, 1994, through June 30, 1998, interest as required in Miss. Code Ann. § 25-11-117 (1972, as amended), for the repayment of a refund, or as required in Miss. Code Ann. § 25-11-105 (1972, as amended) for the payment of an adjustment…

For each fiscal year beginning on and after July 1, 1998, interest as required above, shall be computed on the basis of the actuarial assumed interest rate of the System. * The assumed rate of return from July 1, 1998 through June 30, 2015 was 8.0%. * The assumed rate of return f…

Effective on and after July 1, 1994, upon payment of a refund or adjustment, as provided for above, the member's account shall be credited with interest as provided in Miss. Code Ann. § 25-11-121(7) (1972, as amended), equal to the interest which would have been posted had the me…

The purpose of this regulation is to clarify the conditions under which a refund of member contributions may be made. Notes 27 Miss. Code. R. 210-44-100

Mississippi Code Ann. § 25-11-117 (1972, as amended) provides that a refund of accumulated contributions to the credit of the member in the annuity savings account shall be paid within ninety (90) days from the receipt of a properly completed form requesting such payment. Effecti…

The purpose of this regulation is to provide the rules to be applied in the administration of disability benefits for the Public Employees' Retirement System of Mississippi (PERS) and the Supplemental Legislative Retirement Plan (SLRP). Notes 27 Miss. Code. R. 210-45A-100 Amended…

The Board of Trustees shall adopt and maintain a schedule of fees for disability determination services. The schedule of fees will be reviewed on a periodic basis. Notes 27 Miss. Code. R. 210-45A-101 Amended 10/1/2016 Amended 2/1/2022

1. An active member who has the requisite membership service credit as noted below or an active member who is disabled 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 performanc…

1. If a vested member who has filed a claim for disability benefits dies prior to the review and determination of his or her claim by the Medical Board, his or her beneficiary or beneficiaries shall be eligible for death benefits in the form of spouse/survivor benefits or a refun…

1. The effective date of benefits shall be the first of the month following receipt of a completed application for a disability retirement allowance but in no event before termination from covered service. § 25-11-113(1)(a) 2. For purposes of determining the effective date of ben…

1. The employer must provide the following information that will be considered by the Medical Board in its determination for eligibility:a. The job description and duties of the member; § 25-11-113(1)(a) b. Whether the employer has offered the member other duties without material…

1. Medical reexaminations a. A disability retiree under the age of 60 or until the termination age of the temporary allowance under § 25-11-113(2)(c) shall be required to submit to medical reexamination once each year during the first five years following retirement on a disabili…

1. In the event a retiree is determined to no longer qualify for disability benefits, such member will be provided with notice of such determination and benefits will continue for a period of three months unless the retiree has returned to covered employment in the position from …

1. The Board of Trustees may designate a medical board to be composed of three physicians or may contract with another governmental agency or nongovernmental disability determination service that is qualified to make disability determinations. If required, other physicians may be…

Internal Revenue Code Section 104 and applicable Department of the Treasury Regulations provide that, if disability payments (i) are mandated by statute and (ii) are compensation for occupational injury, such payments are excluded from income, provided that the payments are not b…

The purpose of this regulation is to provide the rules to be applied in the administration of disability benefits for the municipal retirement plans administered by the PERS Board of Trustees. Notes 27 Miss. Code. R. 210-45B-100

The Board of Trustees shall adopt and maintain a schedule of fees for disability determination services which shall be reviewed on a periodic basis. Notes 27 Miss. Code. R. 210-45B-101

1. Article 1 - General Municipal Employees (Biloxi and Meridian) a. An active General Municipal System member may file an application for disability benefits provided a) such member has at least five (5) years of membership service, or b) such member is permanently and totally di…

1. The effective date of benefits shall be the first of the month following receipt of an application for a disability retirement allowance, but in no event before termination of state service. (Miss. Code Ann. §§ 25-11-113(1) (a) and 21-29-35 (1972, as amended)) 2. For purposes …

1. The employer must provide the following information, which will be considered by the Medical Board in its determination for eligibility:a. The job description and duties of the member; (Miss. Code Ann. § 25-11-113(1) a) (1972, as amended)) b. Whether the employer has offered t…

1. Disability retirees with less than 20 years of service shall be required to submit to medical reexaminations once each year during the first five (5) years following retirement on a disability retirement allowance and once in every period of three (3) years thereafter, unless …

1. In the event a retiree is determined to no longer qualify for disability benefits, such retiree will be provided with notice of such determination and benefits will continue for a period of three (3) months prior to termination, unless the retiree has returned to covered emplo…

1. The Board of Trustees may designate a Medical Board to be composed of three (3) physicians or may contract with another governmental agency or non-governmental disability determination service that is qualified to make disability determinations. If required, other physicians m…