reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › METROPOLITAN AREA WASTE DISPOSAL (§§ 21-27-161 — 21-27-191) › Section 21-27-177 - Public agency to make necessary adjustments of rates

Whenever a public agency and a municipality shall have executed a contract under Sections
21-27-161
through
21-27-191
and the payments thereunder are to be made either wholly or partly from the revenues of the public agency's waterworks system, water supply system, treatment facility, sewerage system or sewage disposal system or from both systems or a combination of both systems, the duty is hereby imposed on the public agency to establish and maintain and from time to time to adjust the rates charged by the public agency for the services of such system or systems, to the end that the revenues therefrom together with any taxes levied in support thereof will be sufficient at all times to pay:
(a)
the expense of operating and maintaining such system;
(b)
all of the public agency's obligations to the municipality under the contract; and
(c)
all of the public agency's obligations under and in connection with revenue bonds theretofore issued, or which may be issued thereafter secured by revenues of such system or systems. The contract may require the use of consulting engineers and financial experts to advise the public agency whether and when such rates are to be adjusted.
Laws, 1975, ch. 496, § 9, eff. 4/7/1975.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › METROPOLITAN AREA WASTE DISPOSAL (§§ 21-27-161 — 21-27-191) › Section 21-27-181 - Municipality to make necessary adjustments of rates

While any such bonds are outstanding, it shall be the duty of the governing body of the municipality to fix, maintain and collect rates and charges for services furnished or made available by the sewage disposal system, adequate to pay maintenance and operation costs of the expenses allocable to the sewage disposal system, payment of principal of and interest on such bonds, and to provide and maintain the funds created by the resolution authorizing the bonds. Interest to accrue on the bonds and administrative expenses to estimated date when the sewage disposal system will become revenue producing and reserve funds created by the resolution authorizing the bonds may be set aside out of bond proceeds.
Laws, 1975, ch. 496, § 11; Laws, 1980, ch. 523, § 4, eff. 5/26/1980.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › METROPOLITAN AREA WASTE DISPOSAL (§§ 21-27-161 — 21-27-191) › Section 21-27-183 - Validation of bonds

All bonds issued pursuant to Sections
21-27-161
through
21-27-191
shall be validated as now provided by law by Sections
31-13-1
through
31-13-11
.
Laws, 1975, ch. 496, § 12, eff. 4/7/1975.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › METROPOLITAN AREA WASTE DISPOSAL (§§ 21-27-161 — 21-27-191) › Section 21-27-185 - Investment of bond proceeds

Proceeds from the sale of bonds may be invested, pending their use, in such certificates of deposit as are specified in the resolution authorizing the issuance of the bonds or the trust indenture securing them, and the earnings on such investments applied as provided in such resolution or trust indenture.
Laws, 1975, ch. 496, § 13, eff. 4/7/1975.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › METROPOLITAN AREA WASTE DISPOSAL (§§ 21-27-161 — 21-27-191) › Section 21-27-187 - Bonds exempt from inclusion in debt-limitations; bonds are legal investments

All bonds issued under Sections
21-27-161
through
21-27-191
shall be and are hereby exempt from inclusion in debts in determining whether additional bonds may be issued by such municipality and are declared to be legal and authorized investments for banks, savings banks, trust companies, building and loan associations, savings and loan associations, insurance companies, fiduciaries, trustees and for the sinking fund of municipalities, towns, villages, school districts or any other political corporation or subdivision of the State of Mississippi.
Laws, 1975, ch. 496, § 14, eff. 4/7/1975.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › METROPOLITAN AREA WASTE DISPOSAL (§§ 21-27-161 — 21-27-191) › Section 21-27-191 - Aforesaid sections are cumulative

Sections
21-27-161
through
21-27-191
are cumulative of other statutes now or hereafter enacted relating to the issuance of bonds; the collection, transportation, treatment or disposal of wastes; and the design, construction, acquisition or approval of facilities for such purposes, and the municipality may exercise all presently held powers in the furtherance of said sections.
Laws, 1975, ch. 496, § 16, eff. 4/7/1975.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-201 - Short title

Sections
21-27-201
through
21-27-221
shall be known as the "Municipal and Domestic Water and Wastewater System and Nonhazardous Solid Waste Management Facilities Operator's Certification Act of 1992."
Laws, 1986, ch. 354, § 1; Laws, 1992, ch. 432, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-205 - Classification of water systems and wastewater facilities; reciprocal arrangements for certification and training for operators of commercial nonhazardous solid waste landfills

(1)
The board shall classify all municipal and domestic water collection, storage, treatment and/or distribution systems actually used or intended for use as community water systems or nontransient, noncommunity water systems according to size, type, character of water to be treated, number of service connections, and other physical conditions affecting the operation and maintenance of those systems, and also according to the degree of skill, knowledge, training and experience required of the operators of those systems to ensure competent, efficient operation and maintenance of such systems and protection of public health.
(2)
The commission shall classify all municipal and domestic wastewater facilities according to size, type, character of wastewater to be treated, and other physical conditions affecting the operation and maintenance of the facilities, and also according to the degree of skill, knowledge, training and experience required of the operators of the facilities to ensure competent, efficient operation and maintenance of the facilities and prevention of pollution of waters of the state.
(3)
The commission shall establish reciprocal certification arrangements with other states and private companies that establish training and certification programs for operators of commercial nonhazardous solid waste management landfills that meet or exceed the requirements of the commercial nonhazardous solid waste management landfill operator training and certification program established by the commission.
(4)
The commission may establish reciprocal certification arrangements with other states and private companies that establish training and certification programs for operators of commercial Class I rubbish sites that meet or exceed the requirements of the commercial Class I rubbish site operator training and certification program established by the commission.
Laws, 1986, ch. 354, § 3; Laws, 1992, ch. 432, § 3; Laws, 1997, ch. 478, § 2; Laws, 2004, ch. 466, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-207 - Regulatory authority of Mississippi State Board of Health and Mississippi Commission on Natural Resources

Both the board and commission may adopt, modify, repeal and promulgate, after due notice and hearing, and may make exceptions to and grant exemptions and variances from and may enforce those rules, regulations and procedures as are necessary or appropriate to effectuate the duties and responsibilities of these agencies arising under Sections
21-27-201
through
21-27-221
. The rules, regulations and procedures shall include, but not be limited to, the following: criteria for classifying municipal and domestic community water systems, nontransient, noncommunity water systems and wastewater facilities; qualifications for operators of community water systems, nontransient, noncommunity water systems and wastewater facilities; certification of operators of commercial Class I rubbish sites; procedures for examining or testing applicants for operator certificates; procedures and fees for issuing, reissuing, modifying, revoking or terminating operator certificates; and reciprocal certification of operators certified in other states having certification requirements not less stringent than those established by the board and commission. Any increase in the fees charged by the board under this section shall be in accordance with the provisions of Section
41-3-65
.
Laws, 1986, ch. 354, § 4; Laws, 1997, ch. 478, § 3; Laws, 2004, ch. 466, § 3, eff. 7/1/2004.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 1, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 2, eff. 7/1/2016, rep. 7/1/2020.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-209 - [Repealed]

Repealed by Laws, 1986, ch. 354, § 5, eff. 7/1/1988.
Laws, 1986, ch. 354, § 5.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-213 - Certification of persons acting as operators

(1)
Notwithstanding any provision of Sections
21-27-201
through
21-27-221
to the contrary, any person who is an operator of a municipal or domestic wastewater facility or community water system on July 1, 1986, may, on or before June 30, 1987, apply to the board or commission for, and shall be issued, an operator's certificate without examination or proof of other qualifications, if the application is accompanied by an affidavit of the owner of the facility or system verifying the status of the applicant. Any certificate so issued shall be valid only for the particular facility being operated by the applicant, and then only so long as the facility remains in the same or a lower classification as at the time the application is filed.
(2)
Notwithstanding any provision of Sections
21-27-201
through
21-27-221
to the contrary, any person who is an operator of a nontransient, noncommunity water system on July 1, 1997, may, before June 30, 1998, apply to the board for an operator's certificate without examination. The application shall be accompanied by an affidavit of the owner of the system verifying the status of the applicant. The board shall consider the performance history of any system operated by the applicant in determining whether to issue a certificate under this subsection. Upon review of the performance history and the application, the board may grant or deny the issuance of a certificate under this subsection. Any certificate issued under this subsection shall be valid only for the particular facility being operated by the applicant.
Laws, 1986, ch. 354, § 7; Laws, 1997, ch. 478, § 5, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-215 - Certification of persons holding certificates of competency obtained through examination under voluntary certification program

Notwithstanding any provision of Sections
21-27-201
through
21-27-221
to the contrary, holders of valid certificates of competency obtained through examination under the voluntary certification program sponsored by the association may, on or before June 30, 1987, apply to the board or commission for, and shall be issued, an operator's certificate issued under the provisions of Sections
21-27-201
through
21-27-221
without further examination or proof of other qualifications, provided such state-issued certificate shall be valid only for the class of facility covered by the association certificate.
Laws, 1986, ch. 354, § 8, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 27 - PUBLIC UTILITIES AND TRANSPORTATION (§§ 21-27-1 — 21-27-221) › MUNICIPAL AND DOMESTIC WATER AND WASTEWATER SYSTEM OPERATOR'S CERTIFICATION ACT OF 1992 (§§ 21-27-201 — 21-27-221) › Section 21-27-217 - Penalties; injunctive relief

(1)
Any person found by the board or commission, as the case may be, or any duly designated hearing officer appointed thereby, violating any of the provisions of Sections
21-27-201
through
21-27-221
, or any rule or regulation promulgated by the board or commission hereunder, or any order issued by the board or commission in the exercise of their authority and duties hereunder, shall be subject to a civil penalty of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), for each violation, such penalty to be levied and assessed by the board or commission or designated hearing officer. Appeals from such actions may be taken as provided hereinafter. Each day upon which a violation occurs shall be deemed a separate and additional violation.
In determining the amount of any monetary penalty assessed hereunder, the board or commission or duly appointed hearing officer shall consider all factors bearing upon the violation, including but not limited to, any resulting actual or probable pollution of the lands and/or waters of the state and/or endangerment to public health, and the nature and extent thereof, any violation of the terms or conditions of permits issued by the board or commission for the affected facility, and any actual or probable damage to the affected facility caused by improper operation thereof.
(2)
In lieu of, or in addition to, the penalty provided in subsection (1) of this section, the board and commission shall have power to institute and maintain in the name of the state any and all proceedings necessary or appropriate to enforce the provisions of Sections
21-27-201
through
21-27-221
, rules and regulations in force pursuant hereto, and orders and operator certifications made and issued hereunder, in the appropriate circuit, chancery, county or justice court of the county in which venue may lie. The board and commission may obtain mandatory or prohibitory injunctive relief, either temporary or permanent.
(3)
Any person found guilty of violating any provision of Sections
21-27-201
through
21-27-221
, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) per day of violation.
Laws, 1986, ch. 354, § 9; Laws, 1992, ch. 432, § 5, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-1 - Short title

This article may be cited as the "General Municipal Employees' Retirement Law."
Codes, 1942, § 3652.3-01; Laws, 1948, ch. 386, § 1.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-5 - Creation of City Employees Retirement Fund; election to come under provisions of article

In every municipality of the State of Mississippi, operating under a commission form of government as of March 31, 1948, and having a population of twenty-one thousand or more, according to the 1940 federal census, and in every municipality bordering on tide water and having a population of more than fifteen thousand, it shall be the duty of the governing body of said municipality to create and maintain a fund known as the "City Employees Retirement Fund," which shall be maintained for the benefits of certain city employees hereinafter named and which shall be derived, raised and administered in the manner hereinafter provided.
In any municipality coming under the provisions of this article, upon a petition signed by twenty per cent of the qualified electors of such municipality, protesting against the operation of this article and petitioning for an election thereon to determine whether a majority of the qualified electors of such municipality desire for such municipality to come from under the terms of this article, providing such petition is filed with the governing body of such municipality by July 29, 1948, the municipal authorities of such municipality shall call an election by August 28, 1948, after giving notice for three consecutive weeks, as to whether the municipality desires to come from under the provisions of this article. At said election, the ballots used by the qualified electors shall read: "For the Retirement Fund for the City Employees," "Against the Retirement Fund for the City Employees." Said election shall be held as such other elections of like nature, and if at such election a majority of those participating thereat shall vote against the retirement fund for the city employees, then this article shall not apply to such municipality. If no petition is filed as above provided, the governing body of said municipality shall by August 28, 1948, pass the required ordinance to begin the operation of said retirement system in accordance with the provisions hereof.
Codes, 1942, §§ 3652.3-03, 3652.3-04; Laws, 1948, ch. 386, §§ 3, 4.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-7 - [Repealed]

Repealed by Laws, 1987, ch. 511, § 35, eff. 4/30/1987.
Codes, 1942, § 3652.3-26; Laws, 1948, ch. 386, § 26.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-9 - Board of the General Retirement System; advisory board

The Board of Trustees of the Public Employees' Retirement System of Mississippi is hereby constituted a board, which shall be known as the Board of the General Retirement System of ____________________.
The governing body of a municipality may appoint a board of not more than five (5) members who shall be representative of the membership of the retirement system. Such board shall serve in an advisory capacity to the Board of Trustees of the Public Employees' Retirement System.
Codes, 1942, § 3652.3-04; Laws, 1946, ch. 386, § 4; Laws, 1987, ch. 511, § 1, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-11 - Powers and duties of board

The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this article are hereby vested in the board, the members of which shall serve without compensation except as otherwise provided by law. The board shall organize and adopt such rules and regulations as it may deem necessary and promptly do such things as may properly be done.
The board shall have, in addition to all others, the following rights, powers and duties:
(a)
It shall keep minutes of its proceedings which shall be open to public inspection;
(b)
Fix a time for regular meetings and provide for the means of calling special meetings;
(c)
A majority of all of the board members present shall constitute a quorum for transaction of the affairs of the board;
(d)
To hear, consider and pass upon all applications coming before it and order payments as provided by this article, and the board may hear witnesses and administer oaths, appoint hearing officers and make decisions in all matters properly before said board;
(e)
It shall have full power to invest and reinvest the funds of the retirement system under the provisions of Section
25-11-121
. Moreover, said board shall have full power to order the custodian of securities and funds hereafter designated to hold, purchase, sell, assign, transfer and dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as the proceeds of said investments and all moneys belonging to said funds. The funds held by the board may be commingled with other Public Employees' Retirement System investments for the most advantageous investments;
(f)
It shall annually determine and allow interest on each individual account in the employees' saving fund based on the average percentage of interest earned from investment or deposit of all funds of the retirement system. However, the interest to be credited to such individual accounts shall not exceed one percent (1%) per annum.
Codes, 1942, § 3652.3-05; Laws, 1948, ch. 386, § 5; Laws, 1987, ch. 511, § 2, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-13 - [Repealed]

Repealed by Laws, 1987, ch. 511, § 35, eff. 4/30/1987.
Codes, 1942, § 3652.3-24; Laws, 1948, ch. 386, § 24.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-15 - Statement of clerk of municipality; issuance of prior service certificates

The clerk of said employer shall, within thirty (30) days after the effective date of the ordinance of the municipality to be passed as provided in Section
21-29-5
, prepare a statement showing the length of service of employees, prior to effective date of said ordinance, then employed by the employer and the total salaries or wages paid each in cash or warrants during the four (4) years of employment by the employer next before said effective date of said ordinance. Such facts shall, subject to correction after each employee is given ten (10) days within which to check and prove to the board any error therein, be the basis for the board to approve the issuance of prior service certificates and records and to determine the sum each prior service employee electing to come within the retirement system shall deposit in the employees' savings fund. The secretary of the board shall, upon approval of the board, issue to each employee a prior service certificate. The clerk of the employer shall have the duty of keeping all service records and all records on the various funds provided by this article. The clerk shall on or before July 1, 1987, forward all service records and funds to the Public Employees' Retirement System.
Codes, 1942, § 3652.3-06; Laws, 1948, ch. 386, § 6; Laws, 1987, ch. 511, § 3, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-17 - Membership

The membership of the retirement system shall be composed as follows:
(a)
All persons who become employees after the date fixed in the ordinance of the governing body for the retirement system to go into effect shall become members of the retirement system on the expiration of two (2) months from date of employment; however, persons who have reached the age of forty (40) years who have not had prior service or membership service which may be reinstated as hereinafter provided shall not be members of the retirement system.
(b)
All persons who are employees of the municipality, and who are members of the general municipal employees' retirement system shall come under the provisions and benefits of this article and shall receive all benefits provided for in this article. The municipality shall each month deduct from the total compensation of each member not less than seven percent (7%) nor more than ten percent (10%) of the amount thereof, and put the amounts deducted in the employees' savings fund. Any increase to an amount in excess of seven percent (7%) shall be in increments of not more than one percent (1%) per annum. No increase from the deduction of seven percent (7%) shall be made unless the municipality determines that the avails of a levy of three (3) mills, when combined with the avails of the deduction of seven percent (7%), is insufficient to keep the system actuarially sound.
(c)
In lieu of the other provisions of this article, any municipality operating under the provisions of this article on March 1, 1976, may, by a resolution duly adopted and entered upon its minutes, enter into an agreement with the Public Employees' Retirement System of Mississippi whereby all new firemen and policemen employed or reemployed after the effective date of such agreement shall be included in the provisions of such agreement for retirement purposes to the same extent as are other employees covered by the Public Employees' Retirement System.
(d)
No new member may be joined after July 1, 1987, and all new employees of the municipality who are employed after July 1, 1987, shall be covered by the Public Employees' Retirement System of Mississippi.
Codes, 1942, § 3652.3-07; Laws, 1948, ch. 386, § 7; Laws, 1976, ch. 463, § 1; Laws, 1987, ch. 511, § 4, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-19 - Cessation of membership

(a)
Except as otherwise provided in this article, should a member separate from the service of an employer or should he become a beneficiary or die, he shall thereupon cease to be a member and any prior service and membership service which may be credited to his service account at the time of his separation from the service of the employer shall be forfeited by him. Should such person again become an employee of the same employer within a period of five (5) years following the date of his last separation from the service of such employer, he shall again become a member of the retirement system, if not otherwise by this article prevented, conditioned on his redepositing at time of reemployment, and not afterwards, any part of his accumulated contributions theretofore withdrawn from the employees' savings fund, and any prior service and membership service which may have been credited to him at the time of his separation from service shall be restored to him. However, that in the case of the reemployment of a duty disability retirant neither the limitation of five (5) years nor the redepositing of any sum withdrawn from the employees' savings fund shall apply.
(b)
The provisions of subsection (a) shall not apply to any employees of a municipality who are employed after adoption of a resolution in accordance with the provisions of subsection (c) of Section
21-29-17
. However, under the provisions of the agreement between the municipality and the public employees' retirement system, after the employee has been actively employed for a period of four (4) years and reported as a member of the public employees' retirement system of Mississippi, he may pay the employee contributions, the employer contributions and interest as determined by the public employees' retirement system of Mississippi based on the earnings during the previous period of service with the municipality and receive creditable service for such prior service in the public employees' retirement system of Mississippi.
Codes, 1942, § 3652.3-19; Laws, 1948, ch. 386, § 19; Laws, 1976, ch. 463, § 2, eff. 5/22/1976.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-21 - Refunds to members withdrawing from service

Should any member cease to be an employee before becoming eligible to receive either a service or disability retirement allowance as provided by this article, for reasons other than becoming a beneficiary or his death, he thereafter, at any time while not a member of the system, may request in writing, of the board a refund to him of his accumulated contributions, whereupon one hundred percent (100%) of his accumulated contributions then credited to his individual account in the employees' savings fund, less and except all interest credited to his individual account, shall be refunded to him within one (1) year from the filing of the request. However, from the date of separation of any employee, no further interest shall be credited to his individual account in said fund by the board unless and until such employee again becomes a member of the retirement system.
Should any former member, who has accumulated contributions remaining in the employees' savings fund, die, or any member die before his retirement becomes effective, one hundred percent (100%) of the amount of his accumulated contributions standing to his credit in the employees' savings fund, including the accumulated interest therein at the rate of one percent (1%) per annum, at the time of his death shall be paid to such person or persons as shall have been nominated by written designation duly executed and filed with the board. If there be no such designated person or persons, then one hundred percent (100%) of the amount of his accumulated contributions shall be paid to his legal representative. However, such payments shall be postponed, at the discretion of the board, for not more than eighteen (18) months.
Codes, 1942, § 3652.3-20; Laws, 1948, ch. 386, § 20; Laws, 1972, ch. 370, § 8; Laws, 1987, ch. 511, § 5, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-25 - Expenses of operation of retirement system

All expenses of the operation of the retirement system shall be paid out of the retirement reserve fund provided by Section
21-29-23
. The Public Employees' Retirement System is hereby authorized to deduct two percent (2%) of all income, exclusive of employee contributions, to be transferred to the expense fund of the Public Employees' Retirement System of Mississippi to defray the costs of administering the fund.
Codes, 1942, § 3652.3-25; Laws, 1948, ch. 386, § 25; Laws, 1987, ch. 511, § 7, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-29 - Discontinuance, reduction, or reassessment of taxes

When the amount of funds derived from the tax levied pursuant to Section
21-29-27
is sufficient to care for current needs, requirements, and necessities, the governing body of said municipality is authorized, empowered and directed to discontinue entirely or reduce the tax rate herein provided until such time as financial necessity creates a demand for the reassessment of said tax. However, when and if the tax collections as herein provided, are discontinued, said tax shall be reassessed when necessity requires, without the necessity of an election. The governing body of the municipality may take action only upon certification from the Board of Trustees of the Public Employees' Retirement System.
Codes, 1942, § 3652.3-10; Laws, 1948, ch. 386, § 10; Laws, 1987, ch. 511, § 9, eff. 4/30/1987.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-31 - Service retirement

After the expiration of four (4) years from the effective date of an employer's operation under this article, any member who has been an employee of the employer, to whom application is made, for twenty (20) years or more, whether continuous or not, provided the last seven (7) years of which service shall have been continuous, may retire upon his written application to the board setting forth at what time, not less than thirty (30) nor more than ninety (90) days subsequent to the filing thereof, he desires to be retired. The board shall grant him the benefits under Section
21-29-33
to which he is entitled because of the service retirement. It shall be mandatory that any member retire after he attains the age of seventy (70) years.
Codes, 1942, § 3652.3-11; Laws, 1948, ch. 386, § 11; Laws, 1972, ch. 370, § 1, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-33 - Service retirement allowance

Upon retirement from service as provided in Section
21-29-31
a member shall receive a service retirement allowance for the remainder of his life, payable monthly, which allowance shall be a sum equal to fifty percent (50%) of his average monthly salary for the last four (4) years of service immediately prior to retirement; provided, however, that upon retirement from service in any municipality having a commission form of government on March 31, 1948, as provided in Section
21-29-5
and having a separate firemen and policemen retirement system and having a population not in excess of 48,000 according to the 1980 decennial census, which municipality has established a retirement system according to the provisions of this chapter, the service retirement allowance shall be based upon the average monthly salary for the last two (2) years of service immediately prior to retirement. Any member who has been in paid service for longer than twenty (20) years shall be entitled to receive additional payments for life in a sum equal to one and seven-tenths percent (1.7%) of the average monthly salary received by such member in the two-year period next preceding the filing of said application for each full year of service in excess of twenty (20) years' service. However, no retired payment to any member shall exceed sixty-six and two-thirds percent (66-2/3%) of the average monthly salary received by a member for the four-year or two-year period, as the case may be, next preceding the filing of said application. Periods of time in which a member may have been inactive on account of physical or mental disability shall not be excluded in computing the twenty-year period and the seven-year period hereinbefore mentioned, provided the employee continues to contribute his share to the program based on the average of his last two (2) months' compensation. This contribution shall continue during the total time the employee shall be inactive.
Codes, 1942, § 3652.3-12; Laws, 1948, ch. 386, § 12; Laws, 1972, ch. 370, § 2; Laws, 1985, ch. 399, § 1, eff. 3/25/1985.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-35 - Duty disability retirement

Upon application of a member in service of the employer, any member who has become totally and permanently incapacitated for duty as the natural and proximate result of the actual performance of duty of the employer, without wilful negligence on his part, may be retired by the board on a duty disability retirement allowance effective thirty days after the filing of an application in writing with the board. However, the physician or physicians selected by the board to examine the member shall certify that such member is presumably permanently and totally disabled from engaging in any gainful occupation for compensation or profit, that under the facts as to the cause of disability, as certified by the board, the member's disability could have with reasonable probability resulted, in such physician's opinion, and that such member should be retired.
Codes, 1942, § 3652.3-13; Laws, 1948, ch. 386, § 13.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-37 - Duty disability retirement allowance

Upon retirement for duty disability, prior to becoming eligible for service retirement, as provided by Section
21-29-35
, a member shall receive a duty disability retirement allowance, payable monthly, in a sum equal to fifty percent (50%) of his monthly salary from the employer at the time when the injury was sustained or the sickness occurred. This amount shall be paid to the member throughout such total disability for service. If the municipality pays a salary to such member in an amount equal to or in excess of the amount to be paid under this section, said member shall not be entitled to any payments under this section for the period of time during which such salary is paid.
Codes, 1942, § 3652.3-14; Laws, 1948, ch. 386, § 14; Laws, 1972, ch. 370, § 3, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-39 - Non-duty disability retirement

Upon application of a member in service of the employer, any member who has had not less than five (5) years nor more than twenty (20) years' service with the employer and who has become totally and permanently incapacitated for duty, as a result of causes occurring other than in the performance of his duty, shall be retired by the board not less than thirty (30) nor more than ninety (90) days next following the date of filing such application, on a non-duty disability retirement allowance. Any such disability shall be certified to the board in the same manner as provided in Section
21-29-35
.
Codes, 1942, § 3652.3-15; Laws, 1948, ch. 386, § 15; Laws, 1972, ch. 370, § 4, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-41 - Non-duty disability retirement allowance

Upon retirement for nonduty disability as provided in Section
21-29-39
, a member shall receive for each year's active service one-fortieth (1/4
0
) of the average monthly salary or compensation received by such member from the employer in the four-year or two-year period, as the case may be, next preceding the injury or illness causing such disability.
Codes, 1942, § 3652.3-16; Laws, 1948, ch. 386, § 16; Laws, 1972, ch. 370, § 5; Laws, 1985, ch. 399, § 2, eff. 3/25/1985.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-43 - Re-examination of disability retirants; revocation of allowance for gainful employment

(1)
Once a year during the first five (5) years following retirement of a member on either duty or non-duty disability retirement allowance, and once in every three-year period thereafter, the board may require any disability beneficiary who has not completed twenty (20) years' service under the terms and provisions of this article to undergo a medical examination at the place of residence of the beneficiary or other place mutually agreed upon, to be made by a physician or physicians designated by the board. Should any disability beneficiary who has not completed twenty (20) years' service under the terms and provisions of this article refuse to submit to at least one (1) medical examination in any such year by a physician or physicians designated by the board, his allowance shall be discontinued until his withdrawal of such refusal, and should his refusal continue for one (1) year, all his rights in and to any and all retirement allowances under the retirement system shall be revoked by the board.
(2)
Should the examining physician or physicians report and certify to the board that a disability retirant has recovered and is able to engage in a gainful occupation, and should the board concur in such report, then the disability retirement allowance shall cease. In the case of a duty disability retirant only, upon again becoming an employee of the employer, he shall again become a member of the retirement system and the time during which he was a disability retirant shall be counted as time in the service of the employer for the purpose of service retirement.
(3)
Any disability retirant, who has not completed twenty (20) years' service under this article prior to retirement, who secures gainful employment over a period of three (3) consecutive months shall not thereafter receive any disability retirement allowance and it shall be the duty of the board to revoke its order directing the payment of a retirement allowance to such person.
Codes, 1942, § 3652.3-18; Laws, 1948, ch. 386, § 18; Laws, 1972, ch. 370, § 7, eff. 4/26/1972.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-47 - Appeal

Appeal may be taken from any decision of the board by any member of the system or other person entitled to the benefits under this article to the chancery court. However, no appeal may be taken from any finding or decision of the board after the expiration of one year from the date of the finding or decision.
Codes, 1942, § 3652.3-22; Laws, 1948, ch. 386, § 22.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-49 - Proration of payments

Should the retirement reserve fund at any time be insufficient to make all payments properly payable therefrom, the amounts available in said fund shall be properly prorated until such time as amounts available therein may be sufficient to make all payments payable therefrom in full.
Codes, 1942, § 3652.3-23; Laws, 1948, ch. 386, § 23.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-51 - Rights to any benefit under this Article governed by Section 21-29-307

The right of a person to an annuity, a retirement allowance or benefit, or to the return of contributions, or to any optional benefit or any other right accrued or accruing to any person under the provisions of this article, any retirement system and the moneys in any retirement system created by this article, shall be governed by the provisions of Section
21-29-307
, Mississippi Code of 1972.
Codes, 1942, § 3652.3-21; Laws, 1948, ch. 386, § 21; Laws, 1989, ch. 503, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-53 - Other retirement laws not affected

The General Municipal Employees' Retirement Law and the provisions thereof shall in no way affect the provisions of Sections
21-29-101
through
21-29-151
of this chapter, establishing the firemen's and policemen's disability and relief fund, or the provisions of Article 5 of Chapter 11 of Title 25 of the Mississippi Code of 1972, concerning the retirement of school teachers.
Codes, 1942, § 3652.3-27; Laws, 1948, ch. 386, § 27.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-55 - Effect of change in form of government

If, at any time, any municipality now covered by this article shall change its form of government, such change shall not affect the authorized retirement system, and this article shall be applicable to such municipality notwithstanding any future change in the form of government.
Codes, 1942, § 3652.3-29; Laws, 1948, ch. 386, § 29.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 29 - EMPLOYEES' RETIREMENT AND DISABILITY SYSTEMS (§§ 21-29-1 — 21-29-333) › Article 1 - GENERAL MUNICIPAL EMPLOYEES' RETIREMENT (§§ 21-29-1 — 21-29-57) › Section 21-29-57 - Vacation and sick leave; payment for unused time

Nothing in this article shall limit or otherwise restrict the power of the governing body of any municipality that has a retirement system under this article to adopt such vacation and sick leave policies for its employees as it deems necessary. Any such municipality having a vacation and sick leave policy that provides for the payment of unused accumulated annual leave, personal leave or both to employees at the time of their retirement shall be authorized to make such payments to any employee who retires or has retired after September 30, 1991.
Laws, 1992, ch. 394 § 2, eff. 4/27/1992.