reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.1 - Retirement Benefits

Current through June 25, 2024
Following attainment of Normal Retirement Date or other
				  Termination of Employment at any age and subject to any applicable penalties
				  and tax, a Participant may elect to receive benefits under any of the options
				  set forth in Section 7.4 and in the contracts between the Fund Sponsor(s) and
				  Participant and/or the Trustee. In no case shall any distribution be made prior
				  to Termination of Employment.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.2 - Death and Disability Benefits

Current through June 25, 2024
In the event a Participant terminates from employment due to
				  disability or dies prior to commencement of retirement benefit payments, the
				  full current value of the vested amount in the Accumulation Account(s) is then
				  payable to the Participant or to the Participant's Beneficiary or Beneficiaries
				  as named by the Participant, under one of the options offered by the Fund
				  Sponsor(s). In no case shall any distribution be made prior to Termination of
				  Employment.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.3 - Application for Benefits

Current through June 25, 2024
Procedures for receipt of benefits are initiated by
				  contacting the Fund Sponsor(s). Benefits provided by Funding Vehicles or
				  contract(s) to which Plan contributions have been applied will be payable by
				  the Fund Sponsor(s) upon receipt of a request for benefits, and applicable
				  supporting documentation, which the Fund Sponsor(s) determines to be in good
				  order. The necessary forms will be provided to the Participant, the surviving
				  spouse, or the Beneficiary by the Fund Sponsor(s). A representative of the
				  Institution, or its designee, must approve all distributions of funds for the
				  payment of benefits from the Plan, including rollover distributions,
				  surrenders, or other forms of distribution/payment. The application process may
				  be handled in writing or by electronic means.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.4 - Distribution Requirements

Current through June 25, 2024
The requirements of this Section apply to any distribution of
				  a Participant's Accumulation Account(s). Such distributions will in all cases
				  be made in accordance with a good faith interpretation of Code Section
				  401(a)(9).
(a) Limits on Settlement
				Options. Distributions may only be made over one of the following periods (or a
				combination thereof):
i) The life of the
				Participant,
ii) The life of the
				Participant and a designated Beneficiary, or
iii) A period certain not extending beyond
				the joint and last survivor life expectancy of the Participant and the
				designated Beneficiary, or
iv) Lump
				sum, subject to provision of applicable Funding Vehicle(s), or
v) Any other distribution set forth in the
				contracts between the Fund Sponsor(s) and Participant and/or the
				Trustee.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.5 - Eligibility for Health Insurance Coverage at Retirement

Current through June 25, 2024
To the extent a Participant otherwise meets the State and
				  School Employees' Life and Health Insurance Plan's eligibility requirements to
				  participate in such plan as a retiree of a Mississippi retirement plan,
				  retirees of the Plan are eligible to continue participation in the State and
				  School Employees' Life and Health Insurance Plan under the same terms and
				  conditions as retirees of the Public Employees' Retirement System of
				  Mississippi.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.6 - Effect of Unused Leave at Retirement or Termination of Employment

Current through June 25, 2024
If, at retirement or Termination of Employment, a Participant
				  in the Plan has unused leave, then the Participant may be paid for any such
				  unused leave to the extent allowed by state law. Appropriate Institution and
				  Participant Plan Contributions shall be made to the Plan for such lump sum
				  payment of unused leave in accordance with Miss. Code Ann. Section
				  25-11-103(f)
				   (1972, as amended). Where an employee has
				  earned and has been reported for the maximum annual allowable earnings, he or
				  she may be paid for up to 30 days of unused leave in accordance with the leave
				  laws of the State of Mississippi; however, contributions shall not be withheld
				  on any such lump sum leave payment resulting in the earnings for the year which
				  exceed the maximum allowable under the Plan for the year or a proportionate
				  share of a year, whichever is applicable. Any remaining unused, uncompensated
				  leave lapses upon retirement or Termination of Employment.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.7 - Direct Rollover

Current through June 25, 2024
(a) Consistent with
				Code Section 401(a)(31), a Participant shall be permitted to elect to have any
				"eligible rollover distribution" transferred directly to an "eligible
				retirement plan" specified by the Participant. The Plan provisions otherwise
				applicable to distributions continue to apply to the direct transfer option.
				The Participant shall, in the time and manner prescribed, specify the amount to
				be directly transferred and the "eligible retirement plan" to receive the
				transfer. Any portion of a distribution which is not transferred shall be
				distributed to the Participant. For purposes of this Section, the term
				"eligible rollover distribution" means any distribution of the balance to the
				credit of the Participant other than:
(a) a
				distribution of substantially equal periodic payments over the life or life
				expectancy of the Participant (or joint life or joint life expectancies of the
				Participant and the designated Beneficiary) or,
(b) a distribution over a specified period
				certain of ten (10) years or more. Amounts required to be distributed under
				Code Section 401(a)(9) are not eligible rollover distributions. The direct
				transfer option described in subsection (a) applies only to eligible rollover
				distributions which would otherwise be includible in gross income if not
				transferred. For purposes of the direct rollover provision of this Plan, a
				portion of a distribution shall not fail to be an eligible rollover
				distribution merely because the portion consists of after-tax employee
				contributions which are not includible in gross income. However, such portion
				may be transferred only to an individual retirement account or annuity
				described in Code Sections 408(a) or (b), or to a qualified defined
				contribution plan described in Code Sections 401(a) or 403(a), or on or after
				January 1, 2007, to a qualified defined benefit plan described in Code Section
				401(a) or to an annuity contract described in Code Section 403(b), that agrees
				to separately account for amounts so transferred (and earnings thereon),
				including separately accounting for the portion of such distribution which is
				includible in gross income and the portion of such distribution which is not so
				includible.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.8 - Types of Rollovers Accepted

Current through June 25, 2024
A. Direct
				Rollovers:
The Plan will accept a direct rollover of an eligible
				  rollover distribution from:
a) A
				qualified plan described in Code Section 401(a) or 403(a), including after-tax
				employee contributions,
b) An
				annuity contract described in Code Section 403(b), excluding after-tax employee
				contributions,
c) An eligible plan
				under Code Section 457(b) that is maintained by a state, political subdivision
				of a state, or any agency or instrumentality of a state or political
				subdivision of a state.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VII - BENEFITS › Section 27-240-VII-7.9 - Other Benefits

Current through June 25, 2024
No retirement benefit, death benefit or other benefit under
				  the Plan shall be paid by the State of Mississippi or a participating
				  Institution, or the Board with respect to any Employee selecting and
				  participating in the Plan or with respect to any Beneficiary of that Employee.
				  The benefits payable to a Participant or his or her Beneficiary whose funds are
				  invested with annuity providers shall be governed solely by the terms of the
				  contracts of the issuing insurance company or companies. To the extent that a
				  Participant has invested funds in mutual fund shares, the benefits shall be
				  limited to the value of the shares in the Participant's
				  account.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article VIII - GENERAL PROVISIONS AND LIMITATIONS REGARDING BENEFITS › Section 27-240-VIII-8.1 - Nonalienation of Retirement Rights or Benefits

Current through June 25, 2024
All Participant rights, benefits, contributions, contracts,
				  and Accumulation Accounts under the Plan shall not be assignable and shall be
				  exempt from levy, sale, garnishment, attachment, domestic relations orders, or
				  any other process, including any Mississippi state or municipal tax, except to
				  the extent that state income tax may be payable under Chapter 7, Title 27,
				  Mississippi Code of 1972, as amended.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article IX - ADMINISTRATOR › Section 27-240-IX-9.2 - Authority of the Board

Current through June 25, 2024
The Board, which is the Administrator for purposes of the
				  Miss. Code Ann. Section
				  25-11-401
				  et. seq. (1972, as amended), has all the powers and authority expressly
				  conferred upon it herein and further has the sole right to interpret and
				  construe the Plan and to determine any disputes arising under it. In exercising
				  these powers and authority, the Board will at all times exercise good faith,
				  apply standards of uniform application and refrain from arbitrary action. The
				  Board may employ attorneys, agents and accountants as it finds necessary or
				  advisable to assist it in carrying out its duties. The Board may designate a
				  person or persons other than the Board to carry out any of its administrative
				  powers, authority, or responsibilities. Any delegation will be set forth in
				  writing.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article IX - ADMINISTRATOR › Section 27-240-IX-9.3 - Designation of Executive Director

Current through June 25, 2024
The Executive Director shall execute all documents,
				  contracts, agreements, amendments, and any other document of this Plan for and
				  on behalf of the Board, all as more fully set forth in the PERS Executive
				  Director Standard Operating Procedures Manual.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article X - AMENDMENT AND TERMINATION › Section 27-240-X-10.1 - Amendment and Termination

Current through June 25, 2024
While it is expected that this Plan will continue
				  indefinitely, the Board reserves the right at any time to amend, otherwise
				  modify, or terminate the Plan or to discontinue any further contributions or
				  payments under the Plan as authorized by the Legislature. In the event of a
				  termination of the Plan or discontinuance of Plan contributions, the Board will
				  notify all Participants of the termination. As of the date of complete or
				  partial termination, all Accumulation Accounts will become nonforfeitable to
				  the extent funded.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article X - AMENDMENT AND TERMINATION › Section 27-240-X-10.2 - Limitation

Current through June 25, 2024
Notwithstanding the provisions of Section 10.1, the following
				  conditions and limitations apply:
(a)
				No amendment will be made that will operate to recapture for the Institution
				any Plan contributions previously made under this Plan. However, Institution
				Plan Contributions made in contemplation of approval by the Internal Revenue
				Service may be returned to the Institution if the Internal Revenue Service
				fails to approve the Plan. In the event that a Fund Sponsor has funds as a
				result of an error, it shall pay to the Institution the amount found to be in
				error within 30 days.
(b) No
				amendment will deprive, take away, or alter any then accrued right of any
				Participant insofar as Plan contributions are concerned.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XI - MISCELLANEOUS › Section 27-240-XI-11.1 - Plan Non-contractual

Current through June 25, 2024
Nothing contained in this Plan will be construed as a
				  commitment or agreement on the part of any person to continue his or her
				  employment with the Institution, and nothing contained in this Plan will be
				  construed as a commitment on the part of the Institution to continue the
				  employment or the rate of compensation of any person for any period, and all
				  Employees of the Institution will remain subject to discharge to the same
				  extent as if the Plan had never been put into effect.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XI - MISCELLANEOUS › Section 27-240-XI-11.2 - Claim of Other Persons

Current through June 25, 2024
The provisions of the Plan will in no event be construed as
				  giving any Participant or any other person, firm or corporation, any legal or
				  equitable right against the Board, the Trustee, an Institution, their officers,
				  employees, or directors, except the rights as are specifically provided for in
				  this Plan or created in accordance with the terms and provisions of this
				  Plan.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XI - MISCELLANEOUS › Section 27-240-XI-11.4 - Merger, Consolidation, or Transfers of Plan Assets

Current through June 25, 2024
The Plan will not be merged or consolidated with any other
				  Plan, nor will any of its assets or liabilities be transferred to another Plan,
				  unless immediately after a merger, consolidation, or transfer of assets or
				  liabilities, each Participant would receive a benefit under the Plan that is at
				  least equal to the benefit he or she would have received immediately prior to a
				  merger, consolidation, or transfer of assets or liabilities (assuming in each
				  instance that the Plan had then terminated).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XI - MISCELLANEOUS › Section 27-240-XI-11.5 - Contracts

Current through June 25, 2024
The terms of the contracts between the Fund Sponsor(s) and
				  the Institution and/or Participants and any certificates issued to a
				  Participant are a part of the Plan as if fully set forth in the Plan document
				  and the provisions of each are incorporated by reference into the Plan. In
				  cases where there is any inconsistency or ambiguity between the terms of the
				  Plan and those of the contracts and certificates the terms of the
				  contracts/certificates control.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XI - MISCELLANEOUS › Section 27-240-XI-11.6 - Requests for Information and Other Claims Procedures

Current through June 25, 2024
Requests for information concerning the annuity contracts,
				  mutual fund shares, or other similar investment products, and their terms,
				  conditions, and interpretations thereof, claims thereunder, any requests for
				  review of such claims and service of legal process may be directed in writing
				  to the Fund Sponsor.
If a written request is denied, the Fund Sponsor shall within
				  a reasonable period of time provide a written denial to the Participant. It
				  will include the specific reasons for denial, the provisions of the contracts
				  on which the denial is based, and how to apply for a review of the denied
				  claim. Where appropriate, it will also include a description of any material
				  which is needed to complete or perfect a claim and why such material is
				  necessary. A Participant may request in writing a review of a claim denied by
				  the Fund Sponsor and may review pertinent documents and submit issues and
				  comments in writing. The Fund Sponsor shall provide in writing to the
				  Participant a decision upon such request for review of a denied claim within 60
				  days of receipt of the request.
If special circumstances require a delay on the initial
				  decision on a claim or a review of a denied claim, the Fund Sponsor will notify
				  the Participant within 30 days of the date the claim was initially submitted or
				  within 60 days of the date a review was requested. The notice will explain the
				  reasons for the delay and when a decision can be expected.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XII - TRUST › Section 27-240-XII-12.2 - Trust Status

Current through June 25, 2024
All assets held in connection with the Plan, including all
				  amounts of compensation deferred pursuant to the Plan, all property and rights
				  acquired or purchased with such amounts, and all income attributable to such
				  amounts, property or rights shall be held and invested in trust for the
				  exclusive benefit of Participants and their Beneficiaries under the Plan. No
				  part of the assets and income of the Plan shall be used for, or diverted to
				  purposes other than for the exclusive benefit of the Participants and their
				  Beneficiaries and for defraying reasonable expenses of the
				  Plan.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 240 - PERS, Optional Retirement Plan › Article XII - TRUST › Section 27-240-XII-12.3 - Trust Fund

Current through June 25, 2024
Effective February 1, 2009, all amounts of compensation
				  deferred pursuant to the Plan, all property and rights acquired or purchased
				  with such amounts, and all income attributable to such amounts, property or
				  rights held as part of the Plan, shall be held, managed, invested and
				  distributed as part of the Trust Fund in accordance with the provisions of the
				  Plan. All contributions to the Plan must be transferred by the Employers to the
				  Trust Fund pursuant to Section 4.1. All benefits under the Plan shall be
				  distributed solely from the Trust Fund pursuant to Article
				  VII.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-2 - APRON, WHARF

Current through June 25, 2024
That part of the wharf structure lying between the outer edge
				  of the guard rail and the shipside shed; or, as to open wharves, that part of
				  the wharf structure carried on piles adjacent to guard rail.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-4 - BERTH

Current through June 25, 2024
The water area at the edge of a wharf, including mooring
				  facilities, used by a vessel while docked.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-6 - BERTH, ARRIVAL

Current through June 25, 2024
The time at which an incoming vessel's first line is placed
				  on the dock or any mooring facility, or when a vessel anchors within the Port
				  limits.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-8 - BERTH, DEPARTURE

Current through June 25, 2024
The time at which an outgoing vessel's last line is removed
				  from the dock or any mooring facility, or when a vessel weighs
				  anchor.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-12 - CONTAINER

Current through June 25, 2024
The term "container", as used in this Tariff, means a
				  reusable shipping conveyance not less than ten (10) feet in length nor more
				  than forty-five (45) feet in length, outside measurement, without chassis,
				  especially designed to facilitate the carriage of goods by one or more modes of
				  transport, and fitted with devices permitting its transfer from one mode of
				  transport to another and constructed so as to enable the attachment of
				  removable chassis for further transportation.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-14 - DAY

Current through June 25, 2024
A day shall be considered as a 24-hour period and, unless
				  otherwise specified, shall include any fraction thereof; i.e., 00:00 to 24:00
				  hours.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-16 - DEMURRAGE

Current through June 25, 2024
The term "demurrage", as used in this Tariff, applies to a
				  charge assessed against cargo which exceeds the free time allowance for space
				  assignment. (See General Rules and Regulations and Cargo Section of this
				  Tariff)
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-18 - DOCKAGE

Current through June 25, 2024
Dockage is a charge assessed against a vessel for berthing at
				  a wharf, pier, bulkhead, structure, cluster pile, anchorage or bark, or for
				  mooring to a vessel so berthed. Sheddage is included in the dockage
				  charge.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-20 - FACILITIES

Current through June 25, 2024
Includes all docks, wharves, piers, bulkheads, channels,
				  waterways, harbors, mooring places, anchorages, services and equipment of all
				  types, all land, buildings, railroad trackage, roadways and all water areas
				  under the jurisdiction and control of the Port Authority.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-22 - FREE TIME

Current through June 25, 2024
Free time is the specified period during which cargo may
				  occupy assigned space on Port Authority property free of demurrage immediately
				  prior to the loading of or subsequent to the discharge of such cargo on or off
				  a vessel.
Except as otherwise provided in individual rules, free time
				  commences on outbound cargo at 00:00 hours on the date after cargo is received,
				  by any means, and on inbound cargo at 00:00 hours on the date after a vessel
				  has completed discharge and/or leaves the berth. (See Cargo Section of this
				  Tariff)
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-24 - HANDLING

Current through June 25, 2024
The term "handling", as used in this Tariff, means the
				  physical handling or movement of cargo between railcars, trucks, or any other
				  means of land conveyance, to or from a point of rest at any place on property
				  of the Port Authority other than the end of ship's tackle.
Handling is performed and related charges assessed and
				  collected by licensed stevedores/agents.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-26 - HARBOR FEE

Current through June 25, 2024
A charge assessed against vessels to assist in defraying the
				  expense of essential port services related to maintenance, security, safety,
				  and communications.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-28 - HOLIDAYS, LEGAL

Current through June 25, 2024
The following days are observed as holidays by the Port
				  Authority:
New Year's Day (First day of January)
Robert E. Lee/Martin Luther King's Birthday (Third Monday of
				  January)
Washington's Birthday (Third Monday of February)* or Mardi
				  Gras (Tuesday before Ash Wednesday)*
Good Friday (Friday before Easter)
Memorial Day (Last Monday of May)
Independence Day (Fourth day of July)
Labor Day (First Monday of September)
Veteran's Day (Eleventh day of November)
Thanksgiving (Fourth Thursday of November)
Christmas Day (Twenty-Fifth Day of December)
*Office to remain open with adequate staffing. If any legal
				  holiday falls on Saturday or Sunday, then the following Monday may be observed
				  as a legal holiday.
NOTE: Contact Gulfport Stevedores Association for information
				  related to longshoremen's holidays.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-30 - LENGTH, VESSEL

Current through June 25, 2024
Length over all, (L.O.A.), as appears in current Register of
				  the American Bureau of Shipping, or Lloyds Register of Ships.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-32 - LINER SERVICE

Current through June 25, 2024
A common carrier offering regularly scheduled international
				  transportation by water of at least one vessel call per month to the general
				  shipping public and subject to the Shipping Act of 1984.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-36 - OPEN STORAGE

Current through June 25, 2024
Open, uncovered areas of the Port suitable for the storage of
				  commodities not requiring covered sheds.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-38 - POINT OF REST

Current through June 25, 2024
For export cargo, the space which is assigned for the receipt
				  of cargo, by any means, for vessel loading. For import cargo, the space
				  assigned for receipt of cargo from a ship.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-40 - PORT AUTHORITY

Current through June 25, 2024
Where used in this Tariff, "Port Authority" means the
				  Mississippi State Port Authority at Gulfport.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-42 - PROJECT CARGO

Current through June 25, 2024
Large consignments of cargoes requiring special consideration
				  on space allocation and forward planning, charges for such shipments are
				  negotiable, subject to Federal Maritime Commission filing, when
				  applicable.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-44 - SERVICE CHARGES

Current through June 25, 2024
Whenever the rules and regulations of this Tariff refer to
				  services performed by Port Authority personnel at cost, including fringe
				  benefits, plus 20%.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-46 - SHEDDAGE

Current through June 25, 2024
Sheddage, open dock, and/or marginal track use is a charge
				  assessed against a specific vessel, barge, or substitute, for providing
				  warehouse, open area and/or marginal track space for the handling of inbound
				  and/or outbound cargo.
Contrary to practice at competing ports, no specific charge
				  is assessed for sheddage. Rather, sheddage is included in the charge for
				  dockage.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-48 - SHEDS, SHIPSIDE

Current through June 25, 2024
Covered cargo sheds immediately adjacent to wharves and
				  aprons, intended to directly serve vessels.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-50 - SHEDS, TRANSIT

Current through June 25, 2024
Covered sheds located a short distance away from wharves and
				  aprons, primarily used for cargo assembly, processing and
				  distribution.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-54 - TON

Current through June 25, 2024
The term "ton" as used in this tariff, means a short ton of
				  2,000 pounds.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-56 - TONNAGE, VESSEL

Current through June 25, 2024
Gross Registered Tonnage is the G.R.T. appearing in the
				  current Register of the American Bureau of Shipping.
Other tonnage, as appears in the current Register of the
				  American Bureau of Shipping, or Lloyds Register of Ships.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-58 - TRAILER

Current through June 25, 2024
The term "trailer", as used in this Tariff, means a reusable
				  shipping conveyance mounted on a permanent chassis specifically designed as a
				  highway vehicle to be hauled by a detachable tractor, suitable for the
				  transportation of cargoes on domestic and foreign commerce, ashore or aboard
				  vessels.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-60 - USAGE CHARGE

Current through June 25, 2024
The term "usage charge" herein means the charge assessed by
				  the Port Authority for facilities used by any carrier, shipper or consignee,
				  stevedore, contractors, their agents or servants, and/or any other person when
				  they perform car, barge or truck loading or unloading, or the use of said
				  facilities for any other gainful purpose for which use a charge is not
				  otherwise specified.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-62 - VESSEL

Current through June 25, 2024
A ship, tug, towboat, packet, lighter, raft or any
				  watercraft, self-propelled or non self-propelled, used or capable of being used
				  as a means of transportation on water.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-64 - WHARFAGE

Current through June 25, 2024
The term "wharfage" means the charge assessed against cargo
				  for the use of any Port Authority facilities, including cargo received or
				  delivered by any means, including other water craft lying alongside vessels, or
				  taken from or delivered to the water.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 01 - Definitions › Section 28-1-01-66 - WORKING HOURS

Current through June 25, 2024
The recognized working hours of Port Authority personnel are
				  from 0800 to 1700 hours, Monday through Friday, holidays excluded.
NOTE: Contact Gulfport Stevedores Association for hours,
				  holidays, etc. of longshoremen.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-100 - ADMINISTRATION

Current through June 25, 2024
The administration of the Port Authority, including, but not
				  limited to, this Schedule of Charges, Rules and Regulations for Port Terminal
				  Services is under the direction of an Executive Director, who is appointed by
				  the Mississippi State Port Authority at Gulfport and who shall have broad
				  discretionary authority to, from time to time, adjust or modify rates or other
				  charges in such a manner that he or she determines is necessary to advance or
				  otherwise facilitate the business of the Port Authority.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-102 - ALCOHOLIC BEVERAGES

Current through June 25, 2024
The possession and/or consumption of alcoholic beverages on
				  Port property and facilities is prohibited without the proper licenses and the
				  approval of the Board of Commissioners of the Port Authority.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-104 - ANCHORAGE, HARBOR AND CHANNEL

Current through June 25, 2024
It is prohibited to anchor any vessel in the channel or
				  harbor except in cases of actual emergency, or unless specifically authorized
				  and/or directed by the Port Authority.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-106 - AUTHORIZED PERSONNEL

Current through June 25, 2024
Only authorized personnel possessing a Transportation Worker
				  Identification Credential (TWIC) card engage in Port and vessel related
				  activities are permitted within fenced areas of the Port, and loitering,
				  fishing, etc., is strictly prohibited. Trespassers are subject to criminal
				  prosecution and/or civil penalties as provided in
				  46
				  U.S.C. 70117. Any person who does not comply
				  with the Maritime Security Directive shall be liable for a civil penalty of not
				  more than $25,000 for each violation.
Any persons using or visiting any Port facilities do so at
				  their own risk, and the Port Authority will assume no responsibility for
				  injuries, claims or damages sustained.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-108 - BAGGING

Current through June 25, 2024
On application, and subject to availability of and prior
				  arrangements made for space, and subject to all provisions of this Tariff, the
				  Port Authority at its option and convenience may grant to individuals, firms,
				  or others, hereinafter referred to individually and collectively as "grantee",
				  the use of such of its sheds as the Port Authority may designate, for the
				  receipt and unloading of bulk commodities, and for the bagging of the same
				  commodities. The regular tariff rules for free time and usage charges shall
				  apply.
Under grant authorized in this rule, the Port Authority
				  assumes no responsibility or liability whatsoever, directly or indirectly, for
				  the operation or for the default or failure of the Grantee, or for loss or
				  damage to the cargo, notwithstanding cause or occasion.
In consideration of and upon acceptance by the Grantee of the
				  grant authorized in this Section, Grantee agrees to indemnify and save harmless
				  the Port Authority, its successors and assigns, from all claims for any loss,
				  damage or injury sustained by the Port Authority, or by any agent or employee
				  of the Port Authority, or by any person whomsoever, whether the same be caused
				  by the negligence of the Grantee, or its officers, agents, employee or
				  otherwise. Ref: See Section 148
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-110 - BERTH APPLICATION

Current through June 25, 2024
No vessel shall enter or depart the Port of Gulfport until
				  such time as the vessel has received authorization from the Port Authority.
				  Vessels and/or their owners or agents shall be held liable for the payment of
				  all charges incurred by the vessel and its agent, including liability for the
				  payment of all charges incurred by the vessel's cargo, disclosure of principals
				  to the contrary notwithstanding. Applications for berth made by agents of the
				  vessel and request made by agents acting for the owners, shippers or receivers
				  of the cargo for performance of any service under this Tariff shall constitute
				  an agreement by said agents, as the case may be, to be held separately bound
				  and ultimately liable for the payment of all or any part of the charges
				  incurred by the vessel and/or its owners or by the cargo and/or its owners,
				  shippers or receivers, as their respective interests may appear.
Any vessel desiring a berth at the Port of Gulfport shall,
				  not less than 48 hours prior to the time of docking, make application in
				  writing on the prescribed form through a licensed agent to the Port Authority
				  for a berth assignment specifying the dates and estimated hours of arrival and
				  sailing, and the nature and quantity of cargo, if any, to be handled.
Application for berth or other facility will constitute an
				  agreement between the applicant and the Port Authority that all charges will be
				  promptly paid upon presentation of invoice therefore, and that applicant will
				  comply with all rules and regulations of the Port Authority.
As part of its applications for berth, the vessel, its owners
				  or agents, shall advise the Port Authority of the protection and indemnity
				  association (P & I Club) which affords the vessel indemnity coverage as
				  well as the name and telephone number of the nearest local, legal
				  representative thereof knowledgeable with regard to such coverage.
NOTE: A penalty charge equal to the first day's dockage may
				  be assessed against the agent, master and/or owner for any vessel, barge or
				  other water craft that occupies a berth, and/or marginal track or sheddage dock
				  space, anchorage, open dock, mooring place, or any other facility in the port
				  for which a berth application in writing has not been received by the Port
				  Authority in advance of the vessel's arrival in port.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-112 - BERTH ASSIGNMENT

Current through June 25, 2024
The Port Authority will assign berths, sheds and open storage
				  areas on a fair and equitable basis, with due consideration for preferential
				  assignment, lease and other existing agreements.
Failure to arrive as scheduled may result in vessel's loss of
				  berth assignment.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-116 - BERTH CONGESTION

Current through June 25, 2024
Berthing facilities of the Mississippi State Port Authority
				  are assigned as applications are accepted from agents, masters and/or owners of
				  vessels. When assigned berth is declared by the Port Authority to be congested,
				  or threatened with congestion, agents, masters and/or owners may be required to
				  work the vessel continuously to completion with overtime for vessel's
				  account.
Any vessel in berth which refuses to work continuously to
				  completion shall vacate the berth immediately (within three hours) upon
				  receiving instructions from the Port Authority.
Should a vessel lose its berth assignment by refusing to work
				  continuously to completion, such a vessel will forfeit its turn at the berth
				  assigned and go to the bottom of the list of vessels awaiting berth
				  assignment.
Should any vessel fail to vacate the berth facility as
				  provided herein, the Port Authority shall have the right, authority and
				  privilege to move or cause such vessel to be moved from its berth at the
				  vessel's sole risk and expense.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-118 - CARE, CUSTODY AND CONTROL CARGO

Current through June 25, 2024
The rates published in this tariff do not provide for, and
				  the Port Authority does not accept care, custody and control of any cargo or
				  other property while on or in the wharfs, docks, transit sheds, warehouse or
				  any other facilities managed or controlled by the Port
				  Authority.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-120 - CARGO NETS

Current through June 25, 2024
All stevedores or other parties performing the loading or
				  unloading of vessels at Port Authority terminals shall, when performing such
				  services, provide and install at each batch being worked a 'save-all" net or
				  similar device to prevent loss of or damage to cargo, except that for good
				  cause the Port Authority may waive such requirement.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-122 - CLEANLINESS & MAINTENANCE FACILITY

Current through June 25, 2024
It shall be the responsibility of assignees to maintain
				  assigned facilities in clean and sanitary condition, free of any infestation,
				  and maintain the assigned facilities in good repair, normal wear and tear
				  excepted.
If such users do not maintain assigned facilities in a
				  satisfactory condition, the Port Authority shall have the facilities repaired,
				  cleaned, and/or treated for insect infestation at the expense of the user, at
				  cost plus 20%.
Trash or rubbish left on Port facilities will be hauled away
				  by the Port Authority and the user billed at actual cost plus 20%.
Following each use, the Port Authority will cause the areas
				  used to be inspected and, if there is any evidence of insect infestation, shall
				  contract for required infestation treatment, and the cost for such services and
				  inspection fees shall be billed to the user.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-124 - COLLISION

Current through June 25, 2024
In the event of collision involving contact between two or
				  more vessels or between a vessel and any wharf, dock, pier, mooring cluster,
				  pile or any other Port facility, written reports providing all pertinent
				  details of such collision shall, within twenty-four hours, be furnished to the
				  Port Authority by the pilots and by the masters, owners or agents of such
				  vessels.
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-126 - CREDIT, EXTENSION OF

Current through June 25, 2024
Users desiring to establish credit should make written
				  applications to the Port Authority at least 30 days prior to the use or Port
				  facilities.
Also see Section 130 "Credit Policy" and Section 176 "Payment
				  of charges".
Mississippi Administrative Code › Title 28 - Ports and Airports › Part 1 - TARIFF NO.7 SCHEDULE OF CHARGES, RULES AND REGULATIONS FOR PORT TERMINAL SERVICES › Chapter 02 - General Rules and Regulations › Section 28-1-02-128 - CHARGES FOR SERVICES PERFORMED

Current through June 25, 2024
All charges are due upon presentation of invoices. Failure to
				  pay invoices when presented shall cause vessel Owners and/or Agents or other
				  users of the facilities to be subject to the credit policy of the Port
				  Authority. (Section 130)