Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 33 - Value of Maintenance › Section 27-210-33-106 - 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				benefits may not begin until the member has withdrawn from service as required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, or is guaranteed such
				reemployment, 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 such 90
				day period of separation, 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 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, with 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.
3. If such member is
				reemployed prior to the requisite 90 day separation period 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.