Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 34 - Reemployment after Retirement › Section 27-210-34-106 - Withdrawal from Service or Termination from Service

Current through June 25, 2024
1. "Withdrawal from service" or "termination
				from service" is defined by statute as the complete severance of employment in
				state service of any member by resignation, dismissal or discharge. Retirement
				benefits may not begin until the member has withdrawn from service as required
				in Miss. Code Ann. §
									25-11-111
				(1972, as amended). If the retired member is reemployed by the same or another
				covered employer in any capacity, including that of an independent contractor,
				within 90 days from the effective date of retirement, has entered into a
				pre-arranged agreement for reemployment with a covered employer, or the parties
				otherwise have a reasonable expectation that the retired member will return to
				work for a covered employer, the member shall be considered to have continued
				in the status of an employee and not to have separated from service. In the
				absence of a bona fide separation from service of at least 90-days, any
				retirement allowance payments received by the retired member shall be repaid to
				PERS and the retirement shall be negated. If such retiree is so employed or
				reemployed in a covered position without the requisite separation, such
				reemployed retiree's earnings shall continue to be reported to PERS.
2. In order to fall within one of the
				exceptions of Miss. Code Ann. §
									25-11-127
				(1972, as amended), as outlined in Section 103, or the provisions for waiver of
				compensation by retirees reemployed as a Municipal or County elected official
				where the retiree elects to receive a retirement allowance in lieu of such
				salary, such complete severance shall mean the absence of any employment in any
				capacity, including service without pay, and without a prearranged agreement
				between a covered employer and the retiree for reemployment or a reasonable
				expectation of the parties that the retiree will return to work for a covered
				employer for a minimum of 90 consecutive calendar days beginning with the
				effective date of retirement. Provided, however, any employee of an educational
				institution employed on less than a 12-month basis who retires at the end of
				the school year and is reemployed the beginning of the next school year shall
				not have terminated his or her employment within the meaning of Miss. Code Ann.
				§
									25-11-111
				(1972, as amended). In order to fall within the exceptions of the reemployment
				provisions of Miss. Code Ann. §
									25-11-127
				(1972, as amended), such retiree retiring at the end of one school year may not
				be reemployed in an educational institution any earlier than 90 consecutive
				calendar days after the beginning of the next school year. Where such retiree
				is reemployed prior to the expiration of such 90-day time frame, any benefits
				received during the summer months prior to reemployment shall be recovered and
				the retirement shall be negated. 3. If a member is reemployed prior to the
				requisite bona fide separation from service of at least 90-day
s
and continues employment in a noncovered position in accordance with PERS Board
				Regulation 36,
Eligibility for Membership in the Public Employees'
				Retirement System of Mississippi (PERS)
, the member will become
				eligible for service retirement benefits once a complete severance of
				employment has been made as provided herein.