Mississippi Code 1972 (2023) › Title 25 - PUBLIC OFFICERS AND EMPLOYEES; PUBLIC RECORDS (§§ 25-1-1 — 25-65-33) › Chapter 11 - SOCIAL SECURITY AND PUBLIC EMPLOYEES' RETIREMENT AND DISABILITY BENEFITS (§§ 25-11-1 — 25-11-423) › Article 11 - OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF STATE INSTITUTIONS OF HIGHER LEARNING (§§ 25-11-401 — 25-11-423) › Section 25-11-411 - Contributions made by reduction in salary; contributions by employer; amount; accrued liability contribution fund

Each participant shall contribute monthly to the optional retirement program the same amount that he or she would be required to contribute to the Public Employees' Retirement System of Mississippi if he or she were a member of that retirement system. Participant contributions may be made by a reduction in salary in accordance with the provisions of Section 403(b) of the United States Internal Revenue Code or any amendment thereto, or in accordance with Section
25-11-124
, as may be appropriate under the determination made in accordance with Section
25-11-421
. The entirety of each participant's contribution shall be remitted to the appropriate company or companies for application to the participant's contracts or accounts, or both. Each employer of a participant in the optional retirement program shall contribute on behalf of each participant in the optional retirement program the same amount the employer would be required to contribute to the Public Employees' Retirement System of Mississippi if the participant were a member of the retirement system. The employer's contribution shall be remitted as follows:
(a)
An amount equal to seven and one-fourth percent (7-1/4%) of the participant's total earned compensation as defined in Section
25-11-103
shall be remitted to the appropriate company or companies for application to the participant's contracts or accounts, or both;
(b)
An amount equal to two and one-half percent (2-1/2%) of the participant's total earned compensation as defined in Section
25-11-103
shall be remitted to the Public Employees' Retirement System of Mississippi for application to the accrued liability contribution fund;
(c)
The remainder, if any, shall be remitted to the appropriate company or companies for application to the participant's contracts or accounts, or both.
If the employer's contribution level is decreased below nine and three-fourths percent (9-3/4%) of the employee's total earned compensation, the remittance provided by paragraph (b) of this section shall be reduced accordingly. There shall be no reduction in the remittance provided by paragraph (a) of this section until such time, if any, that the employer's contribution level is less than seven and one-fourth percent (7-1/4%) of the participant's total earned compensation. If the accrued liability contribution is reduced or discontinued under Section
25-11-123
, the amount of the reduction, or the entirety of the employer's contribution, in case of discontinuance, shall be remitted to the appropriate company or companies for application to the participant's contracts or accounts, or both. Any remittance required to be made by the employer to the Public Employees' Retirement System of Mississippi shall be made at the times the employer remits contributions for members of the retirement system.
Laws, 1990, ch. 458, § 6; Laws, 1992, ch. 576, § 12; Laws, 1999, ch. 544, § 16; Laws, 2005, ch. 322, § 3, eff. 7/1/2005.