reglab/statecodes huggingface dataset:
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-101 - Disability and relief fund; exception and application; discontinuance of new memberships

Except as otherwise provided in this section, in every city of the State of Mississippi having a population of ten thousand (10,000) or more, according to the last federal census, or any subsequent federal census, and in which there is a paid police department and/or fire department, it shall be the duty of the governing authorities of said municipality to create and maintain a fund known as the "disability and relief fund for firemen and policemen," hereafter to be known as "said fund," which shall be maintained for the benefit of the persons hereinafter named, and shall be derived, raised and administered in the manner provided in this article, except no such fund known as the "disability and relief fund for firemen and policemen" shall be created by any municipality after March 1, 1976, unless approved by an amendment to this article by the Legislature of the State of Mississippi. Further, no new members may be joined by the fund after July 1, 1987, and all new employees of the police department and/or fire department of any municipality having such funds shall become members of the Public Employees' Retirement System of Mississippi after July 1, 1987.
Any reference in other sections of this article to members of the fire or police department shall be defined to include only the members of the disability and relief fund for firemen and policemen of the municipality. The fund for each municipality shall be separately administered.
This section and Sections
21-29-103
through
21-29-151
shall not apply to any municipality wherein the qualified electors of such municipality shall have elected on or before August 6, 1940, pursuant to the then applicable law, not to have such municipality come within the provisions of Sections
21-29-101
to
21-29-151
.
Codes, 1942, §§ 3472, 3474; Laws, 1940, ch. 287; Laws, 1960, ch. 427; Laws, 1976, ch. 463, § 4; Laws, 1987, ch. 511, § 10, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-103 - [Repealed]

Repealed by Laws, 1987, ch 511, § 35, eff. 4/30/1987.
Codes, 1942, § 3493; Laws, 1940, ch. 287.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-105 - Administration of disability and relief funds; advisory boards

The Board of Trustees of the Public Employees' Retirement System of Mississippi shall have operational and administrative control of the funds created herein.
In each municipality there shall be a board to serve in an advisory capacity to the Board of Trustees of the Public Employees' Retirement System with respect to matters concerning the disability and relief fund. Such board shall consist of five (5) members as follows: two (2) shall be elected by the membership of the police department, two (2) shall be elected by the membership of the fire department; and the mayor or his designee shall be an ex officio member. Retired members of the police department and fire department may participate in elections to choose members of the board, and such retired members are also eligible to serve on the board. The term of elected members shall be for four (4) years, and any vacancy in the elected membership shall be filled in the same manner as the original membership was selected.
Codes, 1942, §§ 3478, 3492; Laws, 1940, ch. 287; Laws, 1985, ch. 356, § 1; Laws, 1987, ch. 511, § 11; Laws, 1999, ch. 544, § 15, eff. 7/1/1999.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-107 - Powers and duties of Board of Trustees

The board of trustees shall fix a time for regular meetings in its minutes, and it shall keep minutes of its meetings which shall be public records, subject to the statutes, rules and regulations governing the board of trustees.
The board shall have the power and duty to promptly hear and pass upon all applications of firemen and/or policemen or the beneficiaries of deceased firemen and of deceased policemen for participation in the benefits of said fund. The board may appoint hearing officers to further its duties hereunder. Said board may hear witnesses, administer oaths, find facts, and make decisions in all matters properly before said board, which decisions shall be final except upon appeals in the way hereafter set forth. Said board may order payments made according to the facts found and the provisions of this article, which payments shall be made as far as funds may be available from each separate municipal fund. Said board shall have the power, with the funds they have on hand, to invest and reinvest funds under the provisions of Section
25-11-121
. Such funds may be commingled with other system funds for the most advantageous investments; however, each fund shall have separate accounting status. No warrant shall be drawn against said fund without the approval of a majority of said board.
Codes, 1942, § 3478; Laws, 1940, ch. 287; Laws, 1987, ch. 511, § 12, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-109 - and 21-29-111 - [Repealed]

Repealed by Laws, 1987, ch. 511, § 35, eff. 4/30/1987.
21-29-109. [Codes, 1942, § 3488; Laws, 1940, ch. 287]21-29-111. [Codes, 1942, § 3483; Laws, 1940, ch. 287]
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-113 - Board of disability and relief appeals

The commissioner of insurance, the attorney general, and the secretary of state of the State of Mississippi, shall be and are constituted a body to be known of the "board of disability and relief appeals," with full duty and power to hear, consider and determine all matters brought before it on appeal from decisions of the boards of disability and relief. Determinations by said appeal board shall be final.
Codes, 1942, § 3479; Laws, 1940, ch. 287.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-115 - Appealing decisions of board of disability and relief

The governing authorities of the city, any applicant for benefits of the disability and relief fund for firemen and policemen, or any two active members of said fire department or any two active members of said police department, being aggrieved at the decision or order of said board of disability and relief of said city, may file with said board of disability and relief, and with said board of disability and relief appeals duplicate copies of a petition for the rehearing of the matter in which said decision or order was made. Within thirty days thereafter said board of disability and relief of said city shall file with said appeal board, true copies of all papers and documents which were before it, all evidence of record before it and a statement of all evidence heard by it and not of record, all certified to be true and correct, whereupon said appeal board shall fix a time for hearing and shall give said disability and relief board of said city, and the petitioner or petitioners for appeal notice of said time for hearing. When the matter shall come on for hearing said appeal board shall have before it all papers, statements, matters and things certified to it by said disability and relief board, as well as such additional evidence and documents as it may hear and receive and upon all of the same shall hear, consider and decide said matter fully and finally according to this article, and the facts. Said appeal board may cause witnesses to be sworn by one of its members, or by any other authority competent to administer oaths. Said appeal board may meet for all purposes at any time in the State of Mississippi when all are present, or upon the call of two members thereof. Said appeal board shall certify its decision to the disability and relief board and the governing authorities of said city, and such decision or order shall be final and binding and the said fund shall be disbursed according thereto. Any suit or other action affecting said fund shall be disbursed according thereto. Any suit or other action affecting said fund shall be by or against said city as custodian of said fund and not against said board.
Codes, 1942, § 3479; Laws, 1940, ch. 287.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-118 - Tax proceeds transferred to Public Employees' Retirement System

The Public Employees' Retirement System of Mississippi is hereby authorized to deduct two percent (2%) of all tax levied hereunder and paid into the "disability and relief fund" for firemen and policemen to be transferred to the expense fund of the Public Employees' Retirement System of Mississippi to defray the cost of administering this fund.
Laws, 1987, ch. 511, § 14, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-119 - Discontinuance and reinstatement of tax; actuarial study

When the amount of funds derived from the tax levied pursuant to Section
21-29-117
is sufficient to care for the requirements and necessities as determined by an actuarial study, the governing authorities of said municipality shall discontinue entirely or reduce the tax rate provided in Section
21-29-117
until such time as financial necessity creates a demand for the reassessment of said tax. It is understood, however, in this connection, that when and if the tax collections as herein provided are discontinued, that said tax shall be reassessed when necessity requires, without the necessity of an election. Each municipality with a disability and relief fund for firemen and policemen shall have prepared an actuarial study of the fund at least every four (4) years and report the findings to the legislature of the State of Mississippi. The first such study shall be filed with the legislature in January, 1980.
Codes, 1942, § 3476; Laws, 1940, ch. 287; Laws, 1976, ch. 463, § 6, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-121 - Disability and relief fund constitutes special fund; transfer of moneys to Public Employees' Retirement System

The disability and relief fund for firemen and policemen shall be a special trust fund and shall be disbursed only in the manner hereafter provided. Such fund shall be a part of the public funds of the Public Employees' Retirement System and shall be kept by the board as it is required to keep its other funds. Interest earned on said fund shall be credited to and become a part of said fund. All moneys on deposit in such funds on July 1, 1987, shall be paid over to the Board of Trustees of Public Employees' Retirement System on or before July 1, 1987.
Codes, 1942, §§ 3473, 3480; Laws, 1940, ch. 287; Laws, 1958, ch. 524; Laws, 1960, ch 428, § 1; Laws, 1987, ch. 511, § 15, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-123 - Allowances upon disability and relief fund

All allowances made upon the disability and relief fund for firemen and policemen shall be drawn against the fund by the board of trustees, and shall be issued only upon compliance with the rules and regulations of the board of trustees, or the board of disability and relief appeals.
Code, 1942, §§ 3477, 3481; Laws, 1940, ch. 287; Laws, 1987, ch. 511, § 16, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-125 - Investment of part of disability and relief fund

The authority is vested in the board of trustees to invest such part of said fund as may not be immediately required, in investments authorized under Section
25-11-121
with the right to change said investment from time to time, and with the right and duty to convert invested funds into current funds as the same may be needed for the purpose of this article.
Codes, 1942, § 3480; Laws, 1940, ch. 287; Laws, 1987, ch. 511, § 17, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-127 - Advancements from general fund to disability and relief fund

The governing authority may immediately advance necessary moneys from the general fund to said fund to enable payments to all qualified beneficiaries to be brought into a current status. Any moneys necessarily advanced shall be paid back to the general fund from the surplus of said fund as it is allocated.
Codes, 1942, § 3473; Laws, 1940, ch. 287; Laws, 1958, ch. 524; Laws, 1960, ch. 428, § 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-129 - Who entitled to benefits

Every member of said fire department and police department including its officers, but not including the governing authorities of said city on account of their relation as such to said fire department and/or police department, who are members of the disability and relief fund for firemen and policemen shall come under the provisions and benefits of this article and shall receive all benefits provided for in this article. All firemen and policemen who are employed in the said fire department or police department after adoption of a resolution by the municipality in accordance with the provisions of subsection (c) of Section
21-29-17
shall not become members of the disability and relief fund for firemen and policemen.
However, in any municipality having a population of not less than twenty-eight thousand (28,000) and not more than thirty thousand (30,000) according to the 1960 decennial census and located in a county having an assessed valuation in 1969 of not less than Eighty-five Million Dollars ($85,000,000.00) and not more than Ninety Million Dollars ($90,000,000.00), any former member of the fire or police department with thirteen (13) or more consecutive and paid years longevity retirement benefits in the retirement system, who remains in public service of such municipality in an elected capacity which includes ex officio chief of police or fire department, such elected public service shall be credited under this article, when the member pays into the system all employer and employee contributions with any interest or earnings thereon based upon the salary he received during the last six (6) months of his employment as a fireman or policeman prior to his becoming an elected official, and his retirement benefits shall be computed upon the salary so received.
Codes, 1942, § 3484; Laws, 1940, ch. 287; Laws, 1971, ch. 379, § 1; Laws, 1976, ch. 463, § 7, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-131 - Service records to be kept

The Public Employees' Retirement System shall keep a record of service of the members of said fire department and police department, which record shall show the history of employment of each member of said fire department and police department. Said record shall be entered up fully at the time such city comes within the terms of this article, and it shall thereafter be kept entered up fully and correctly. All records currently maintained by the municipality's affected membership shall be forwarded to the Public Employees' Retirement System not later than July 1, 1987. Any additional changes shall be forwarded to the Public Employees' Retirement System as made.
Codes, 1942, § 3482; Laws, 1940, ch. 287; Laws, 1987, ch. 511, § 18, 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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-133 - Disability benefits; injury or illness resulting from discharge of duties

If any member of said fire department or police department shall become or be found to be totally disabled for the discharge of his duties as a member of said fire department or police department, mentally or physically, by reason of sickness or injury caused or sustained by reason of service or discharge of his duty in said department, after such city shall have come within the terms of this article, said disability and relief board shall order the payment and there shall be paid from said fund to said fireman or policeman each month thereafter an amount equal to fifty percent (50%) of said fireman's or policeman's monthly salary, to be paid throughout such total disability for service. In passing upon the question of disability, said board shall require an examination of the applicant by the city physician or other physician or physicians as it may deem proper, and may require like examinations from time to time throughout the period of disability claimed by said fireman or policeman. If said city pays a salary to its firemen or policemen while disabled in an amount equal to the disability relief allowed under this section, said fireman or policeman shall not be entitled to any disability relief under this section.
Codes, 1942, § 3485; Laws, 1940, ch. 287; Laws, 1964, ch. 505, § 1; Laws, 1974, ch. 395 § 1, eff. 3/25/1974.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-135 - Disability benefits; illness or injury resulting from other than discharge of duties

Should any member of a fire or police department become or be found to be permanently and totally disabled for the discharge of his duties as a member of said fire department or police department, mentally or physically, by reason of sickness or injury, and who has had not less than five years' service with such department, there shall be paid to said fireman or policeman from the firemen's and policemen's disability and relief fund, provided the municipality has such a fund, for each year's active service, not to exceed a period of twenty years, one-fortieth of the monthly salary of such policeman or fireman at the time such disability is incurred, to be paid throughout such permanent and total disability. In passing upon the question of disability said board shall require an examination of the applicant by the city physician or other physician or physicians as it may deem proper, and may require like examinations from time to time throughout the period of disability claimed by said fireman or policeman. If said city pays a salary to its firemen or policemen while disabled in an amount equal to the disability relief allowed under this section, said firemen or policemen shall not be entitled to any disability relief under this section.
Codes, 1942, § 3485.5; Laws, 1964, ch. 504, eff. 5/8/1964.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-137 - Physical and mental examinations

In all matters involving the disability or sickness of a member of such fire and/or police department, such member shall submit himself to physical and mental examination when and as required by said disability and relief board of said governing authorities. A failure or refusal so to do shall suspend the benefits of Sections
21-29-133
and
21-29-135
, until such time as he shall submit himself to such examination.
Codes, 1942, § 3489; Laws, 1940, ch. 287.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-141 - Refunds

Any member of the fire and/or police department who ceases to be an employee before becoming eligible to receive either a service or disability allowance, as provided by this article, may file a request in writing with the board of disability and relief for a refund of all sums contributed by him to the fund, which sums shall be paid to him, without interest, within one year of the filing of the request.
Codes, 1942, § 3486; Laws, 1940, ch. 287; Laws, 1970, ch. 512, § 1, eff. 1/1/1971.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-143 - Loss of benefits in case of transfer

Any person receiving relief or benefits under the provisions of this article shall not be entitled to said benefits should such person attach himself to a paid fire department or police department in another city having a paid retirement benefit program for firemen or policemen.
Codes, 1942, § 3486; Laws, 1940, ch. 287; Laws, 1970, ch. 512, § 1, eff. 1/1/1971.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-149 - Suit shall not be filed in cases of insufficient funds

Should said fund at any time be insufficient to make all payments properly payable therefrom, the beneficiaries shall not file any suit against said city, its governing authorities, or said disability and relief board, but the amounts available shall be properly prorated until such time as funds may be sufficient to make all payments payable thereafter for the full amount properly allowed.
Codes, 1942, § 3488; Laws, 1940, ch. 287.
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 3 - FIREMEN'S AND POLICEMEN'S DISABILITY AND RELIEF FUNDS (§§ 21-29-101 — 21-29-151) › Section 21-29-151 - Application

This article shall apply to municipalities whether under private charter or existing and operating under the general statutes of the State of Mississippi.
This article is supplementary to any laws heretofore passed and the provisions of this article are not applicable to any municipality operating under Article 5 of this chapter. It is the intention of the legislature to make it mandatory on municipalities to enforce the provisions of this article, unless a majority of those voting in an election thereon vote otherwise.
Codes, 1942, §§ 3490, 3494; Laws, 1940, ch. 287.
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-201 - Creation of disability and relief fund and system for firemen and policemen

In each city in the State of Mississippi having a population of not less than three thousand (3,000) according to the last federal census or according to any subsequent federal census, and having a regularly organized, paid fire department with equipment of the value of not less than Four Thousand Dollars ($4,000.00) and/or regularly organized paid police department, and having not less than two (2) paid firemen and/or not less than two (2) paid policemen, whose sole employment is by such city in its fire department and for police department, there may be provided in connection with the regularly organized and maintained paid fire department and/or police department of such city a special fund known as the "disability and relief fund for firemen and policemen," hereinafter called "said fund," which shall exist and be maintained for the benefit of the persons hereinafter named and shall be derived, raised and administered in the manner hereinafter provided.
Said fund and system of relief, when inaugurated, shall and does create a disability and relief system to apply to the members of the regularly organized, maintained and paid fire department and/or police department of such municipality. Notwithstanding any other section of this article no such fund known as the "disability and relief fund for firemen and policemen" shall be created by any city after March 1, 1976, unless by an amendment to this article by the legislature of the State of Mississippi.
Any reference in other sections of this article to members of the fire and police department shall be defined to include only the members of the disability and relief fund for firemen and policemen of the city.
Codes, 1942, §§ 3494-01, 3494-04; Laws, 1924, ch. 189; Laws, 1930, ch. 55, §§ 1, 3; Laws, 1976, ch. 463, § 8, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-203 - Election as to inauguration of disability and relief fund and system

Said fund and system of relief to the fire department and/or police department shall be inaugurated in each municipality only in the following manner: each municipality desiring to create said fund and inaugurate this system of disability and relief for its firemen and/or policemen, shall call an election after giving three weeks consecutive notice in a newspaper published in said city, stating the date, purpose and time of holding said election for the electors to determine whether or not said municipality shall adopt the "disability and relief fund for firemen and policemen." At said election the ballots used by the qualified electors shall read: "For the Disability and Relief Fund for Firemen and Policemen," "Against the Disability and Relief Fund for Firemen and Policemen." Said election shall be held as such other elections of like nature, and if at said election the majority of qualified electors voting thereat, shall vote against the creation of said fund and system, then the said fund and system shall not be created and said fund and system shall not be inaugurated in said municipality. Should a majority of said qualified electors voting at said election vote in favor of the creation of said fund and the operation of said system, the said fund and system shall be inaugurated by said municipality.
Codes, 1942, § 3494-02; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 1(a).
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-205 - Election as to continuation of disability and relief system and fund; effect thereof; discontinuance of new memberships

Whenever the said fund shall be created, and a system of disability and relief for firemen and/or policemen inaugurated in any municipality, at any time upon the petition of not less than twenty percent (20%) of the qualified electors of said municipality addressed to the said officers composing the governing board of said municipality, requesting an election to determine whether said municipality shall continue to operate under the provisions of this article, the said governing board of said municipality shall order an election to determine said question. Notice of the election shall be given and conduct of the election shall be had as is provided in Section
21-29-203
. If at said election a majority of the qualified electors of said municipality shall vote against the continuance of operation of said municipality under the provisions of this article, the said governing board of said municipality shall at the next regular meeting thereof held after said election order the abolition and discontinuance of said system. The said fund and the said system, however, shall continue as to members of the paid fire department and/or police department of said municipality already in service and entitled to participation in said fund. The said system shall be worked out in said municipality to its end as to said members of the paid fire department and/or police department, but no new members entering the service of the fire and/or police department of said municipality shall be taken into or embraced within said system. If at said election a majority of the qualified electors of said municipality shall not vote for a discontinuance of said system in said municipality, no other election in said regard shall be held therein within a period of one (1) year thereafter. No new members may be joined by the fund after July 1, 1987, and all new employees of the police department and/or fire department of any municipality having such funds shall become members of the Public Employees' Retirement System of Mississippi after July 1, 1987.
Codes, 1942, § 3494-26; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 24; Laws, 1987, ch. 511, § 19, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-207 - Organization of board of disability and relief; advisory board; compensation

The Board of Trustees of the Public Employees' Retirement System of Mississippi shall organize itself into a body to be known as the "Board of Disability and Relief of the City of ____________________."
In each municipality there shall be a board to serve in an advisory capacity to the Board of Trustees of the Public Employees' Retirement System with respect to matters concerning the disability and relief fund. Such board shall consist of five (5) members as follows: two (2) shall be elected by the membership of the police department, two (2) shall be elected by the membership of the fire department and the mayor or his designee shall be an ex officio member. Retired members of the police department and fire department may participate in elections to choose members of the board, and such retired members are also eligible to serve on the board. The term of elected members shall be for four (4) years, and any vacancy in the elected membership shall be filled in the same manner as the original membership was selected.
The members of the board shall receive no compensation or pay from the disability and relief fund for firemen and policemen for the discharge of their duties, except as otherwise provided by law.
Codes, 1942, §§ 3494-10, 3494-25; Laws, 1924, ch. 189; Laws, 1930, ch. 55, §§ 8, 23; Laws, 1966, ch. 594, § 2; Laws, 1985, ch. 356, § 2; Laws, 1987, ch. 511, § 20; Laws, 1994, ch. 404 § 1, eff. 3/15/1994.
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-209 - Powers and duties of the board of disability and relief

The board shall fix a time for regular meetings in its minutes and it shall keep minutes of its meetings, which shall be public records. Special meetings may be held upon the call of the chairman of the board or any two (2) members thereof, upon twenty-four (24) hours' written notice, stating the purpose of the meeting, or at any time when all members are present.
The board shall have the duty and power to promptly hear and pass upon all applications of firemen and/or policemen or of beneficiaries of deceased firemen and of deceased policemen for participation in the benefits of said fund. Said board may hear witnesses, administer oaths, find facts, and make decisions in all matters properly before said board, which decisions shall be final except upon appeals in the way hereafter set forth. Said board shall order payments made according to the facts found and the provisions of this article, which payments shall be made as far as funds may be available. The board may invest the funds as provided in Section
25-11-121
, and such funds may be commingled with other system funds for the most advantageous investments; however, each fund shall have separate accounting status.
Codes, 1942, § 3494-10; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 8; Laws, 1966, ch. 594, § 2; Laws, 1987, ch. 511, § 21, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-211 - through 21-29-213 - [Repealed]

Repealed by Laws, 1987, ch. 511, § 35, eff. 4/30/1987.
21-29-211. [Codes, 1942, § 3494-20; Laws, 1924, ch. 189; 1930, ch. 55, § 18.]21-29-213. [Codes, 1942, § 3494-14; Laws, 1924, ch. 189; 1930, ch. 55, § 12.]
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-215 - Creation of board of disability and relief appeals

The commissioner of insurance, the attorney general, and the secretary of state of the State of Mississippi, shall be and are constituted a body to be known as the "board of disability and relief appeals," with full duty and power to hear, consider and determine all matters brought before it on appeal from decisions of the boards of disability and relief. Determinations by said appeal board shall be final.
Codes, 1942, § 3494-11; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 9.
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-217 - Appeals

Any applicant for benefits of the disability and relief fund for firemen and policemen, or any two (2) active members of said fire department, or any two (2) active members of said police department, being aggrieved at the decision or order of the board of trustees, may file with the board of trustees and with said board of disability and relief appeals duplicate copies of a petition for a rehearing of the matter in which such decision or order was made. Within thirty (30) days thereafter the board of trustees shall file with said appeal board, true copies of all papers and documents which were before it, all evidence of record before it and a statement of all evidence heard by it and not of record, all certified to be true and correct, whereupon said appeal board shall fix a time for hearing and shall give the board of trustees and the petitioner or petitioners for appeal notice of said such time for hearing. When the matter shall come on for hearing said appeal board shall have before it all papers, statements, matters and things certified to it by the board of trustees, as well as such additional evidence and documents as it may hear and receive and upon all of the same shall hear, consider and decide said matter fully and finally according to this article and the facts. Said appeal board may cause witnesses to be sworn by any one (1) of its members, or by any other authority competent to administer oaths. Said appeal board may meet for all purposes at any time in the State of Mississippi when all are present, or upon the call of two (2) members thereof. Said appeal board shall certify its decision to the board of trustees, and such decision or order shall be final and binding and said fund shall be disbursed according thereto. Any suit or other action affecting said fund shall be by or against the board of trustees as custodian of said fund and shall be filed in the Chancery Court of Hinds County.
Codes, 1942, § 3494-11; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 9; Laws, 1987, ch. 511, § 22, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-220 - Tax proceeds transferred to Public Employees' Retirement System

The Public Employees' Retirement System of Mississippi is hereby authorized to deduct two percent (2%) of all tax levied hereunder and paid into the "disability and relief fund" for firemen and policemen to be transferred to the expense fund of the Public Employees' Retirement System of Mississippi to defray the cost of administering this fund.
Laws, 1987, ch. 511, § 24, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-221 - Discontinuance and reinstatement of ad valorem tax; actuarial study

The ad valorem tax provided for in Section
21-29-219
shall be stopped by the municipality whenever the interest from the relief fund shall be sufficient to pay all disabilities and relief which are a charge against said fund and future requirements as determined by the Board of Trustees of the Public Employees' Retirement System of Mississippi. However, when the board of trustees determines that interest from said fund is insufficient to meet the charges of disability or relief, then said municipality shall reinstate said tax for the purpose of building up the relief fund until such time as the fund is actuarially sound, as determined by the Board of Trustees.
The board of trustees, for each municipality with a disability and relief fund for firemen and policemen, shall have prepared an actuarial study of the fund at least every four (4) years and report the findings to the Legislature of the State of Mississippi. The first study shall be filed with the Legislature in January 1980.
Codes, 1942, § 3494-02; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 1(a); Laws, 1976, ch. 463, § 10; Laws, 1987, ch. 511, § 25, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-223 - Disability and relief fund constitutes special fund; transfer of moneys to Public Employees' Retirement System

The disability and relief fund for firemen and policemen shall be set aside as a special trust fund and shall only be disbursed in the manner hereafter provided. Such fund shall be a part of the public funds of the Public Employees' Retirement System and shall be kept by the board as it is required to keep its other funds. Interest earned on said fund shall be credited to and become a part of said fund. All moneys on deposit in such funds on July 1, 1987, shall be paid over to the Board of Trustees of the Public Employees' Retirement System of Mississippi on or before July 1, 1987.
Codes, 1942, §§ 3494-03, 3494-12; Laws, 1924, ch. 189; Laws, 1930, ch 55, §§ 2, 10; Laws, 1966, ch. 594, § 3; Laws, 1987, ch. 511, § 26, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-225 - Allowances upon disability and relief fund

All allowances made upon the disability and relief fund for firemen and policemen shall be drawn against the fund by the board of trustees, and shall be issued only upon compliance with the rules and regulations of the board of trustees, or the board of disability and relief appeals.
Said fund or its increase, or the interest or dividends therefrom, shall be paid out by the Public Employees' Retirement System herein authorized.
Necessary and proper payments may be made from said fund if it be deemed necessary by the board of trustees to make expenditures for the preservation of the fund or its proper administration. Such expenditures shall be limited to what may be necessary to safeguard and administer the fund by means of court proceedings, and to stenographic and clerical assistance.
Codes, 1942, §§ 3494-03, 3494-12, 3494-25; Laws, 1924, ch. 189; Laws, 1930, ch. 55, §§ 2, 10, 23; Laws, 1966, ch. 594, § 3; Laws, 1987, ch. 511, § 27, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-227 - Investment of part of disability and relief fund

The authority is vested in the board of trustees to invest such part of said fund as may not be immediately required, in investments authorized under Section
25-11-121
with the right to change said investment from time to time, and with the right and duty to convert invested funds into current funds as the same may be needed for the purposes of this article.
Codes, 1942, § 3494-12; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 10; Laws, 1966, ch. 594, § 3; Laws, 1987, ch. 511, § 28, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-231 - On what premiums tax may be imposed; tax not to be used as an element of premium

Said tax on insurance premiums shall not be imposed or collected upon any premiums except upon those under insurance policies upon property situated in the municipality coming under the provisions of this article. The tax paid hereunder for the maintenance of such fire department system in any municipality coming under the provisions of this article, shall not be used as an element of any premium or be considered in the making of rates except in proper causes under the provisions of the rating bureau law in connection with property situated in the municipality to which said tax is paid.
Codes, 1942, § 3494-08; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 6 Para. 2.
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-233 - Duty of state tax commission

It shall be the duty of the State Tax Commission to collect and to enforce the collection of said tax of one-half of one percent (1/2 of 1%) upon all premiums paid to insurance companies doing business in said municipality, which said insurance companies have written insurance on rates, said rates having been compiled by taking into consideration the fire department and equipment of said municipality. Upon the State Tax Commission having collected said tax, it shall promptly pay the same to the board of trustees for the benefit of said fund for disability and relief of firemen and policemen.
Codes, 1942, § 3494-09; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 7; Laws, 1984, ch. 462, § 2; Laws, 1987, ch. 511, § 30, 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-235 - Failure of insurance company to report

Any fire insurance company, subject to the tax mentioned in Section
21-29-229
, which shall fail to make a report or statement required therein after thirty days demand therefor by the commissioner of insurance, shall forfeit to said fund the sum of five hundred dollars, to be recovered by the commissioner for the use of such municipality, and the commissioner shall have the right to revoke the license of such company.
Codes, 1942, § 3494-22; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 20.
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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-237 - Persons entitled to benefits

Every member of said fire department and police department including its officers, but not including the governing authorities of said city on account of their relation as such to said fire department and/or police department, who are members of the disability and relief fund for firemen and policemen shall come under the provisions and benefits of this article, and shall receive all benefits provided for in this article. All firemen and policemen who are employed in the said fire department or police department after adoption of a resolution by the municipality in accordance with the provisions of subsection (c) of Section
21-29-17
shall not become members of the disability and relief fund for firemen and policemen.
Codes, 1942, § 3494-15; Laws, 1924, ch. 189; Laws, 1930, ch 55, § 13; Laws, 1976, ch. 463, § 11, eff. 5/22/1976.