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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-239 - Service records to be kept

The Public Employees' Retirement System shall keep a record of service of the members of the 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 written 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, § 3494-13; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 11; Laws, 1987, ch. 511, § 31, 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 21-29-241 - Disability relief

If any member of the fire department and/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 and/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 board of disability and relief shall order the payment and there shall be paid from said fund to said fireman and/or policeman each month thereafter an amount equal to fifty percent (50%) of said fireman's and/or policeman's monthly salary. Such amount shall be paid throughout such total disability for service.
If any member of the fire department and/or police department shall become or be found to be permanently and totally disabled for the discharge of his duties as a member of said fire department and/or police department, mentally or physically, by reason of sickness or injury, and said member shall have had not less than five (5) years' service with such department, there shall be paid to said fireman and/or policeman from said fund, for each year's active service, not to exceed a period of twenty (20) years, one-fortieth (1/4
0
) of the monthly salary of such fireman and/or policeman at the time such disability is incurred. Such amount shall be paid throughout such permanent and total disability.
In passing upon the question of disability, said board shall refer the matter to its medical board, or such other physician or physicians as it may deem proper, and said board may require like examinations from time to time throughout the period of disability claimed by said fireman and/or policeman.
If said city pays a salary to its fireman and/or policeman while disabled in an amount equal to the disability relief allowed hereunder, said fireman and/or policeman shall not be entitled to any disability relief hereunder.
Codes, 1942, §§ 3485.5, 3494-17; Laws, 1924, ch. 189; Laws, 1930, ch 55, § 15; Laws, 1964, chs. 504, 505, § 2; Laws, 1974, ch. 395, § 2; Laws, 1987, ch. 511, § 32, 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 21-29-243 - Physical and mental examination

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 this article until such time as he shall submit himself to such examination.
Codes, 1942, § 3494-21; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 21.
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 21-29-249 - 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 request in writing to the board of disability and relief for a refund, but without interest, which he shall be paid within one year of the filing of the request.
Codes, 1942, § 3494-18; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 16; Laws, 1948, ch. 421; Laws, 1966, ch. 596, § 1; Laws, 1968, ch. 575, § 1; Laws, 1970, ch 513, § 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-253 - Alternative program; refunds

Any member of said fire and/or police department who ceases to be an employee thereof prior to becoming eligible for any retirement relief provided for in Section
21-29-251
may file a written application to said disability and relief board for a refund of any and all monies contributed to said fund by said member, and thereafter within one year shall receive, without interest, such monies.
Codes, 1942, § 3494-18.5; Laws, 1971, ch. 422, § 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 5 - DISABILITY AND RELIEF FUND FOR FIREMEN AND POLICEMEN UNDER LAWS 1930, 55 (§§ 21-29-201 — 21-29-261) › Section 21-29-257 - Exemption from process

No part of said fund to which any of said firemen or policemen shall be entitled, or which may be payable or ordered paid to him shall be seized, attached, assigned or levied upon by any writ of attachment, garnishment, execution, sequestration or other like process or writ.
Codes, 1942, § 3494-16; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 14; Laws, 1987, ch. 511, § 34, 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 21-29-259 - Suit shall not be filed in cases of insufficient fund

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 thereafter for the full amount properly allowed.
Codes, 1942, § 3494-20; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 18.
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 21-29-261 - Application of article

This article shall apply to municipalities whether under private charter or existing and operating under the general statutes of the State of Mississippi.
Codes, 1942, § 3494-23; Laws, 1924, ch. 189; Laws, 1930, ch. 55, § 21.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-301 - Creditable service provided under certain circumstances for membership service interrupted by qualified military service

(1)
Any member of the Municipal Retirement System whose membership service is interrupted as a result of qualified military service within the meaning of Section 414(u)(5) of the Internal Revenue Code, and who has received the maximum service credit available under Article 1, 3 or 5 of this chapter, shall receive creditable service for the period of qualified military service that does not qualify as creditable service under Article 1, 3 or 5 of this chapter upon reentering membership service in an amount not to exceed five (5) years if:
(a)
The member pays the contributions he would have made to the retirement system if he had remained in membership service for the period of qualified military service based upon his salary at the time his membership service was interrupted;
(b)
The member returns to membership service within ninety (90) days of the end of his qualified military service; and
(c)
The employer at the time the member's service was interrupted and to which employment the member returns pays the contribution it would have made into the retirement system for such period based on the member's salary at the time the service was interrupted.
(2)
The payments required to be made in subsection (1)(a) of this section may be made over a period beginning with the date of return to membership service and not exceeding three (3) times the member's qualified military service; however, in no event shall such period exceed five (5) years.
(3)
The member shall furnish proof satisfactory to the board of trustees of certification of military service showing dates of entrance into qualified service and the date of discharge as well as proof that the member has returned to active employment within the time specified.
Codes, 1942, § 3494.3; Laws, 1954, ch. 348; Laws, 2001, ch. 438, § 9; Laws, 2002, ch. 627, § 20, eff. 7/1/2002.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-305 - Employers to pick up member contributions to employees' retirement and disability systems

Each employer shall pick up the member contributions required by Sections
21-29-17
,
21-29-117
and
21-29-219
, Mississippi Code of 1972, for all compensation earned after January 1, 1989, and the contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code and the Mississippi Income Tax Code; however, each employer shall continue to withhold federal and state income taxes based upon such contributions until the Internal Revenue Service or the federal courts rule that, pursuant to Section 414(h) of the United States Internal Revenue Code, these contributions shall not be included as gross income of the member until such time as they are distributed or made available. The employer may pick up these contributions by a reduction in the cash salary of the member, or by an offset against a future salary increase, or by a combination of a reduction in salary and offset against a future salary increase. If member contributions are picked up they shall be treated for all purposes of the General Municipal Employees' Retirement System and Firemen's and Policemen's Disability Relief Funds under Articles 1, 3 and 5 of this chapter in the same manner and to the same extent as member contributions made prior to the date picked up.
Laws, 1989, ch. 503, § 1; Laws, 2001, ch. 438, § 10, eff. 7/1/2001.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-307 - Benefits exempt from taxes, attachment or other process, and unassignable; deductions from retirement allowances of employer or system sponsored group life or health insurance

(1)
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 Articles 1, 3 or 5 of this chapter; the system; and the monies in the system created by such articles, are hereby exempt from any state, county or municipal ad valorem taxes, income taxes, premium taxes, privilege taxes, property taxes, sales and use taxes, or other taxes not so named, notwithstanding any other provision of law to the contrary, and exempt from levy and sale, garnishment, attachment or any other process whatsoever, and shall be unassignable except as specifically otherwise provided in Article 1, 3 or 5 of this chapter effective January 1, 1988, and except as otherwise provided in subsection (2) of this section.
(2)
Any retired member or beneficiary receiving a retirement allowance or benefit under Article 1, 3 or 5 of this chapter may authorize the Public Employees' Retirement System to make deductions from the retirement allowance or benefit for the payment of employer or system sponsored group life or health insurance. The deductions authorized under this subsection shall be subject to rules and regulations adopted by the Board of Trustees of the Public Employees' Retirement System.
Laws of 1989, ch. 503, § 2; Laws, 1990, ch. 523, § 1; Laws, 1993, ch. 523, § 2; Laws, 2004, ch. 531, § 1, eff. 7/1/2004.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-311 - Additional optional benefits available

Any municipality providing benefits under Articles 1, 3 or 5 of this chapter may provide the following additional optional benefits:
(a)
Refunds of member contributions to the estate of the deceased at the time of death when the deceased does not have eligible beneficiaries.
(b)
Benefits to dependent children through the age of twenty-three (23) when the dependent child or children are full-time college students.
Laws, 1989, ch. 503, § 3, 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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-313 - Schedule for computation of membership service or prior service

Notwithstanding any other provision of Articles 1, 3 or 5, in the computation of membership service or prior service under the provisions of Articles 1, 3 and 5, the following schedule shall govern: ten (10) or more months of service during any fiscal year shall constitute a year of service; seven (7) months to nine (9) months, inclusive, three-quarters (3/4) of a year of service; four (4) months to six (6) months, inclusive, one-half (1/2) year of service; one (1) month to three (3) months, inclusive, one-quarter (1/4) of a year of service.
Benefits payable under the provisions of Articles 1, 3 and 5 that previously were made on the basis of full years of creditable service shall be computed on the basis of the fractional years of service as provided in this section beginning July 1, 1991.
Laws, 1991, ch. 513, § 15, eff. 7/1/1991.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-315 - Repayment of refund after reemployment following retirement for purpose of reestablishing contributing membership

Any active member who previously received a refund under either Article 1, 3 or 5 and who was reemployed and again became a contributing member of the applicable retirement system may repay all amounts previously received as a refund, together with regular interest at the rate as determined by the board, covering the period from the date of refund to the date of repayment. Upon such repayment, the active member shall again receive credit for the entire period of creditable service that was forfeited upon the receipt of the refund.
Laws, 1991, ch. 513, § 16, eff. 7/1/1991.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-316 - Rollover distribution of accumulated contributions to eligible retirement plan or individual retirement account

(1)
Pursuant to the Unemployment Compensation Amendments of 1992 (Public Law 102-318 (UCA)), a member or the spouse of a member who is an eligible beneficiary entitled to a refund under Article 1, 3 or 5 of this chapter may elect on a form prescribed by the board under rules and regulations established by the board, to have an eligible rollover distribution of accumulated contributions payable under this section paid directly to an eligible retirement plan, as defined under applicable federal law, or an individual retirement account. If the member or the spouse of a member who is an eligible beneficiary makes that election and specifies the eligible retirement plan or individual retirement account to which the distribution is to be paid, the distribution will be made in the form of a direct trustee-to-trustee transfer to the specified eligible retirement plan. A non-spouse beneficiary may elect to have an eligible rollover distribution paid in the form of a direct trustee-to-trustee transfer to an individual retirement account established to receive the distribution on behalf of the non-spouse beneficiary. Flexible rollovers under this subsection shall not be considered assignments under Section
21-29-307
.
(2)
From and after July 1, 2001, subject to the rules adopted by the board of trustees, any plan under this chapter shall accept an eligible rollover distribution or a direct transfer of funds from another eligible retirement plan or an individual retirement account in payment of all or a portion of the cost to repay a refund as permitted by the plan. The plans may only accept rollover payments in an amount equal to or less than the balance due for reinstatement of service credit. The rules adopted by the board of trustees shall condition the acceptance of a rollover or transfer from another eligible retirement plan on the receipt of information necessary to enable the system to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
Laws, 2001, ch. 438, § 11; Laws, 2002, ch. 313, § 7; Laws, 2008, ch. 359, § 8, eff. 7/1/2008.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-319 - Employment-related fringe benefits

Deductions made prior to retirement by the employer for employment-related fringe benefits may continue to be paid after retirement in accordance with rules and regulations established by the board of trustees if the retirement allowance payable under Section
21-29-1
et seq., Section
21-29-101
et seq., and Section
21-29-201
et seq., is in an amount sufficient to cover the deductions.
Laws, 1996, ch. 472, § 8, eff. 4/5/1996.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-321 - Determination of average monthly base salary and longevity pay

For purposes of determining the "average monthly base salary and longevity pay" as provided in Sections
21-29-101
et seq., the wages to be considered shall be the average base salary and longevity pay which was received in consecutive pay periods immediately preceding retirement. This amount shall be the average of six (6) pay periods if the employee was paid monthly, or the equivalent if the pay periods are bi-weekly, semi-monthly or weekly. In addition, wages may include holiday pay and regularly scheduled overtime pay earned for services performed during the last six (6) months of employment, as certified by the employer.
Laws, 1996, ch. 472 § 9; eff. 4/5/1996.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-323 - Determination of amount of death benefits to be paid to or for benefit of dependent children

Monthly benefits payable to a spouse in the event of the death of a member before retirement or a retiree after retirement shall be divided and paid to or for the benefit of any dependent children of the deceased member or retiree in an amount equal to ten percent (10%) of the annual benefit payable to one (1) dependent child, twenty percent (20%) for two (2) dependent children, and thirty percent (30%) to three (3) or more dependent children. If there are more than three (3) dependent children, upon a child ceasing to be a dependent, his annuity shall terminate and there shall be a redetermination of the amounts payable to any remaining dependent children. Such benefits shall be paid to a surviving parent or lawful custodian of such children for the use and benefit of the children without the necessity of appointment of guardian. The remaining amount shall be paid to the spouse as otherwise provided.
Laws, 1999, ch. 544, § 14; Laws, 2002, ch. 627, § 22, eff. 7/1/2002.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-325 - Payment of retirement benefits by the most appropriate means as determined by the board

The Public Employees' Retirement System shall make payments of retirement benefits under this chapter to members and to the beneficiaries of those members, by whatever means the board prescribes by regulation to be the most appropriate for the proper and efficient payment of benefits, including, but not limited to, direct deposit to an account with a financial institution that is a participant of the Automated Clearing House designated by the member or beneficiary. The board may provide for alternative means of payment if the member or beneficiary can demonstrate that payment by the prescribed means will cause the member or beneficiary undue hardship.
Laws, 2002, ch. 627, § 4, eff. 7/1/2002.
Amended by Laws, 2016, ch. 397, HB 899, 9, eff. 7/1/2016.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-327 - Board of Trustees of Public Employees' Retirement System authorized to assess interest and bring suit on delinquent payments from municipalities whose retirement funds it administers

Any municipality that has established a retirement fund or disability and relief fund under Articles 1, 3 and 5 of this chapter shall be assessed interest on delinquent payments as determined by the Board of Trustees of the Public Employees' Retirement System in accordance with rules and regulations adopted by the board of trustees. Any delinquent payments, assessed interest and any other amount certified by the board of trustees as owed by the municipality may be recovered by action in a court of competent jurisdiction against the municipality or may, upon due certification of delinquency and at the request of the board of trustees, be deducted from any other monies payable to the municipality by any department or agency of the state.
Laws, 2004, ch. 561, § 1, eff. 5/14/2004.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-329 - Municipalities may adopt resolutions allowing spouses receiving retirement benefits to continue to receive spouse benefits for life, even after remarriage

(1)
Any municipality that has established a retirement fund or disability and relief fund under the provisions of Article 1, 3 or 5 of this chapter, shall be authorized to adopt a resolution to allow those spouses who are receiving retirement benefits under the provisions of those articles, to continue to receive the spouse retirement benefits for life even if the spouse remarries. The resolution also may provide that surviving spouses of deceased members who received spouse retirement benefits that were terminated upon remarriage may again receive the spouse retirement benefits from and after making application with the Board of Trustees of the Public Employees' Retirement System to reinstate the benefits. Any reinstatement of spouse retirement benefits shall be prospective only from and after the first of the month following the date of application for reinstatement.
(2)
The continuation or reinstatement of spouse retirement benefits authorized under this section shall not be continued or reinstated unless all of the following requirements are met:
(a)
The municipal retirement fund or disability and relief fund is actuarially sound, as shown by the most recent actuarial study required by Section
21-29-27
,
21-29-119
or
21-29-221
;
(b)
The municipal retirement fund or disability and relief fund will remain actuarially sound if the spouse retirement benefits are continued or reinstated, as shown by a certified statement from the actuarial firm that prepared the most recent actuarial study;
(c)
The governing authorities of the municipality adopt a resolution requesting the continuation or reinstatement of the spouse retirement benefits as authorized in this section and transmit the resolution to the Board of Trustees of the Public Employees' Retirement System; and
(d)
If applicable, the surviving spouse makes an application to the Board of Trustees of the Public Employees' Retirement System to reinstate the spouse retirement benefits.
Laws, 2004, ch. 561, § 2, eff. 7/1/2004.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-331 - Persons to whom benefits payable in event of death or disqualification of designated beneficiary

(1)
Except as otherwise provided in subsection (2) of this section, where benefits are payable to a designated beneficiary or beneficiaries under Article 1, 3 or 5 of this chapter and the designated beneficiary or beneficiaries as provided by the member on the most recent form filed with the system is deceased or otherwise disqualified at the time such benefits become payable, the following persons, in descending order of precedence, shall be eligible to receive such benefits:
(a)
The surviving spouse of the member or retiree;
(b)
The children of the member or retiree or their descendants, per stirpes;
(c)
The brothers and sisters of the member or retiree or their descendants, per stirpes;
(d)
The parents of the member or retiree;
(e)
The executor or administrator on behalf of the member or retiree's estate;
(f)
The persons entitled by law to distribution of the member or retiree's estate.
(2)
Any monthly benefits payable to a beneficiary who dies prior to cashing his or her final check(s) and/or any additional benefits payable pursuant to a cost-of-living adjustment still payable at the death of a beneficiary receiving monthly benefits shall be paid as follows:
(a)
The surviving spouse of the beneficiary;
(b)
The children of the beneficiary or their descendants, per stirpes;
(c)
The brothers and sisters of the beneficiary or their descendants, per stirpes;
(d)
The parents of the beneficiary;
(e)
The executor or administrator on behalf of the beneficiary's estate;
(f)
The persons entitled by law to distribution of the beneficiary's estate.
(3)
In the event no claim is made by any individual listed in subsection (2) of this section, a distribution may be made pursuant to the provisions of subsection (1) of this section.
(4)
Payment under the provisions of this section shall bar recovery by any other person of the benefits distributed. Payment of benefits made to one or more members of a class of individuals are made on behalf of all members of the class. Any members of the class coming forward after payment is made must look to those who received the payment.
Laws, 2010, ch. 528, § 13, eff. 7/1/2010.
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 7 - MISCELLANEOUS PROVISIONS (§§ 21-29-301 — 21-29-333) › Section 21-29-333 - Waiver of benefits from the general municipal retirement system or firemen's and policemen's disability and relief fund

(1)
A retiree or beneficiary may, on a form prescribed by and filed with the Executive Director of the Public Employees' Retirement System, irrevocably waive all or a portion of any benefits from the general municipal retirement system or a firemen's and policemen's disability and relief fund to which the retiree or beneficiary is entitled. The waiver shall be binding on the heirs and assigns of any retiree or beneficiary and the same must agree to forever hold harmless the fund and the Public Employees' Retirement System of Mississippi from any claim to the waived retirement benefits.
(2)
Any waiver under this section shall apply only to the person executing the waiver. A beneficiary shall be entitled to benefits according to the option selected by the member at the time of retirement. However, a beneficiary may, at the option of the beneficiary, execute a waiver of benefits under this subsection.
(3)
The fund shall retain all amounts that are not used to pay benefits because of a waiver executed under this subsection.
(4)
The Board of Trustees of the Public Employees' Retirement System may provide rules and regulations for the administration of waivers under this section.
Laws, 2010, ch. 528, § 14, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-1 - Adoption of civil service system mandated in certain municipalities

(1)
A civil service commission is created in every municipality described in subsection (2) which has a full paid fire and police department.
(2)
The provisions of subsection (1) of this section shall apply to:
(a)
Any municipality, operating under a commission form of government, and having a population of not less than fourteen thousand (14,000), according to the federal census of 1940;
(b)
Any municipality, under whatever form of government, having a population of not less than twenty-four thousand (24,000), according to the federal census of 1940, and situated in counties having a national military park;
(c)
Any municipality, operating under the commission form of government, and having a population of not less than ten thousand five hundred (10,500) nor more than eleven thousand (11,000), according to the federal census of 1950;
(d)
Any municipality, having an aldermanic commission or city manager form of government, and having a population of not less than three thousand eight hundred eighty-one (3,881) at the 1960 federal census, and situated on the Mississippi Gulf Coast;
(e)
Any municipality with its corporate limits being bounded on one (1) side by the Mississippi River and being located in a county having an assessed valuation in excess of Forty Million Dollars ($40,000,000.00) but less than Fifty Million Dollars ($50,000,000.00) and having a total population in excess of thirty-seven thousand five hundred (37,500), according to the latest federal census;
(f)
Any municipality, operating under special charter, and in which there is located a state-supported college for women;
(g)
Any municipality having a population of more than ten thousand (10,000) according to the federal census of 1970, which is located within a Class 1 county in which U.S. Highway 51 and U.S. Highway 98 intersect and bounded on the south by the State of Louisiana; and
(h)
Any municipality, bordering on the Escatawpa River, having an aldermanic commission form of government and having a population of not less than seventeen thousand eight hundred thirty-seven (17,837) according to the 1990 federal census.
Codes, 1942, §§ 3825-01, 3825-02; Laws, 1944, ch. 208, § 1; Laws, 1956, ch. 398; Laws, 1962, ch. 547, § 1; Laws, 1964, ch. 507, § 1; Laws, 1968, ch. 557, § 1; Laws, 1973, ch. 308, § 1; Laws, 1980, ch. 378; Laws, 1999, ch. 354, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-3 - Adoption of civil service system authorized in certain municipalities

The governing authorities of any municipality in which there is located a port of entry, in any county which has created a county port authority, may, in their discretion and by ordinance, extend the provisions of Sections
21-31-1
through
21-31-27
to all full-paid employees in all departments of such municipality.
Codes, 1942, § 3825-15; Laws, 1958, ch. 514.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-7 - Election of officers and meetings of commission; secretary; board of examiners

Immediately after the appointment of the civil service commission, the commission shall organize by electing one (1) of its members chairman. The commission shall hold regular meetings at least once each month, and such additional meetings as may be required for the proper discharge of its duties.
The commission shall appoint a secretary and a board of examiners, which board shall consist of the fire chief (or a person designated by the fire chief from the fire department to serve in his absence), the police chief (or a person designated by the police chief from the police department to serve in his absence), and a third member to be named by the commission, all of whom shall serve without compensation. The secretary shall keep the records and preserve all reports made to the commission, and also a record of all examinations held under the direction of the board of examiners, and perform such other duties as the commission may prescribe. The members of the board and the secretary are subject to suspension and discharge in the same manner as the commissioners.
Codes, 1942, § 3825-05; Laws, 1944, ch. 208, § 4; Laws, 1994, ch. 549, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-9 - Duties of the commission

It shall be the duty of the civil service commission to make suitable rules and regulations not inconsistent with the provisions of Sections
21-31-1
through
21-31-27
. Such rules and regulations shall provide in detail the manner of conducting examinations, appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges, and may also provide for any other matter connected with the general subject of personnel administration, and which may be considered desirable to further carry out the general purposes of Sections
21-31-1
through
21-31-27
. It shall have the power to conduct investigations, and make reports on all matters touching the enforcement and effect of the provisions of Sections
21-31-1
through
21-31-27
, and the rules and regulations prescribed hereunder. The commission shall have the power to investigate all complaints which must be reduced to writing, subpoena witnesses, administer oaths, and conduct hearings.
Codes, 1942, § 3825-06; Laws, 1944, ch. 208, § 5.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-11 - Accommodations, supplies and clerical aid to be furnished to commission

The duly constituted authorities of each and every city coming within the purview of Sections
21-31-1
through
21-31-27
, shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated and lighted and supplied with all office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such city coming within the purview of Sections
21-31-1
through
21-31-27
. The failure upon the part of the duly constituted authorities to do so shall be considered a violation of this section and shall be punishable as such.
Codes, 1942, § 3825-14; Laws, 1944, ch. 208, § 13.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-13 - Coverage afforded by civil service system

The provisions of Sections
21-31-1
through
21-31-27
shall include all full paid employees of the fire and/or police departments of each municipality coming within its purview, including the chiefs of those departments. All appointments to and promotions in said departments shall be made solely on merit, efficiency, and fitness, which may be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in, or transferred, suspended, or discharged from any place, position or employment contrary to the provisions of Sections
21-31-1
through
21-31-27
. The governing authorities of the municipality may, with the approval of the civil service commission, extend the benefits of Sections
21-31-1
through
21-31-27
to other full time employees of the municipality.
All incumbents and future appointees shall be subject to civil service, except, however, those appointees now and hereafter serving as extra members.
Codes, 1942, §§ 3825-03, 3825-04; Laws, 1944, ch. 208, § 2; Laws, 1962, ch. 547, § 2, eff. 4/30/1962.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-15 - Qualifications of applicants seeking civil service position

All applicants for a position of any kind under civil service must be a citizen of the United States and an elector of the county in which he resides and must meet only such bona fide occupational residency requirements as may be determined by the municipal board of civil service commissions or the governing authority of the municipality.
Codes, 1942, § 3825-09; Laws, 1944, ch. 208, § 8; Laws, 1979, ch. 322, eff. 3/1/1979.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-17 - Adoption and induction of incumbents into civil service

For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of Sections
21-31-1
through
21-31-27
, all persons holding a position in the fire and/or police departments, including the chief thereof, of any such municipality coming under the provisions of Sections
21-31-1
through
21-31-27
, who shall have served continuously in such positions for a period of at least the preceding six months, are hereby declared eligible for permanent appointment under civil service to the offices, positions or employments which they shall then hold, respectively, without examination or other act on their part, and not on probation, and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. However, those persons who have previously left their positions to participate in the armed forces of the United States shall have preference in reemployment and enjoy the rights and privileges of Sections
21-31-1
through
21-31-27
as if their services had not been terminated.
Codes, 1942, § 3825-08; Laws, 1944, ch. 208, § 7.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-19 - Appointments and lay-offs

The civil service commission shall keep a list of all members of the said police and/or fire department, and formulate methods of determining the relative qualifications of persons seeking employment in either department, and give preference to those having the best qualifications. The commission shall provide that men laid off because of curtailment of expenditures, reduction in force, and like causes, shall be the last man or men, including probationers, that have been appointed to either the fire and/or police departments, until such reductions necessary shall have been accomplished. However, in the event said department shall again be increased in number, those suspended shall be reinstated before any new appointments shall be made.
Codes, 1942, § 3825-07; Laws, 1944, ch. 208, § 6.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-21 - Tenure of office and grounds for discipline

The tenure of everyone holding an office, place, position or employment under the provisions of Sections
21-31-1
through
21-31-27
shall be only during good behavior. Any such person may be removed or discharged, suspended without pay, demoted or reduced in rank, or deprived of vacation privileges or other special privileges, or any combination thereof, for any of the following reasons:
Incompetency, inefficiency, or inattention of duty; dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service.
Codes, 1942, § 3825-10; Laws, 1944, ch. 208, § 9; Laws, 1984, ch. 521, § 1, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-25 - Fixing of rate of compensation

The fixing of the rate of compensation of every employee coming under the provisions of Sections
21-31-1
through
21-31-27
shall remain vested in those public officials authorized by law to fix the rate of such compensation, and nothing contained in said sections shall infringe upon the power and authority of any such public officials to so fix the rate of such compensation.
Codes, 1942, § 3825-12; Laws, 1944, ch. 208, § 11.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › GENERAL PROVISIONS (§§ 21-31-1 — 21-31-27) › Section 21-31-27 - Political services and contributions

No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or service, or any other valuable thing, for any political purpose.
If any person holding any office, place, position or employment subject to civil service, actively participates in political activity in any primary or election in a municipality where he is employed, it shall be deemed cause for removal.
Codes, 1942, § 3825-13; Laws, 1944, ch. 208, § 12.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › CIVIL SERVICE SYSTEM IN CERTAIN OTHER MUNICIPALITIES (§§ 21-31-51 — 21-31-75) › Section 21-31-51 - Adoption of civil service system mandated in certain municipalities

(1)
There is hereby created a civil service commission to administer a civil service system in every municipality described in subsection (2) of this section which has administrative and other employees employed on a monthly basis.
(2)
The provisions of subsection (1) of this section shall apply to:
(a)
Any municipality, operating under a commission form of government, and having a population of more than twenty-one thousand, according to the federal census of 1950; and
(b)
Any municipality located in the Yazoo-Mississippi Delta Levee District, and having a population of more than fifteen thousand and less than twenty thousand, according to the federal census of 1950.
Codes, 1942, § 3825-30; Laws, 1944, ch. 209, § 1; Laws, 1952, ch. 368; Laws, 1960, ch. 430.
Mississippi Code 1972 (2023) › Title 21 - MUNICIPALITIES (§§ 21-1-1 — 21-47-5) › Chapter 31 - CIVIL SERVICE (§§ 21-31-1 — 21-31-75) › CIVIL SERVICE SYSTEM IN CERTAIN OTHER MUNICIPALITIES (§§ 21-31-51 — 21-31-75) › Section 21-31-55 - Election of officers and meetings of commission; secretary; board of examiners

Immediately after the appointment of the civil service commission, the commission shall organize by electing one of its members chairman. The commission shall hold regular meetings at least once each month, and such additional meetings as may be required for the proper discharge of its duties.
The commission shall appoint a secretary and a board of examiners, which board shall consist of the fire chief, the police chief, and a third member to be named by the commission, all of whom shall serve without compensation. The secretary shall keep the records and preserve all reports made to the commission, and also a record of all examinations held under the direction of the board of examiners, and perform such other duties as the commission may prescribe. The members of the board and the secretary are subject to suspension and discharge in the same manner as the commissioners.
Codes, 1942, § 3825-34; Laws, 1944, ch. 209, § 4.