Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 45B - Administration of Disability Benefits for Municipal Systems › Section 27-210-45B-105 - Continuing Qualification for Disability Benefits

Current through June 25, 2024
1.
				Disability retirees with less than 20 years of service shall be required to
				submit to medical reexaminations once each year during the first five (5) years
				following retirement on a disability retirement allowance and once in every
				period of three (3) years thereafter, unless otherwise determined by the
				Medical Board. The Medical Board may specify both the frequency and the nature
				of such reexamination. Upon the attainment of 20 years of service credit,
				calculated by adding service credit at retirement plus credit for the service
				during which a disability benefit is paid, the disability retiree shall be
				considered to have retired under a service retirement benefit with no further
				requirement for reexaminations and with no recalculation of benefits. (Miss.
				Code Ann. §§
									21-29-43,
				21-29-137,
				21-29-243
				(1972, as amended) and PERS Regulation 39)
a.
				In the event a General Municipal System disability retiree refuses to provide a
				physician's statement of reexamination, his allowance shall be discontinued
				until his withdrawal of such refusal, and should his refusal continue for one
				(1) year, all rights to a disability benefit shall be revoked by the Board of
				Trustees. (Miss. Code Ann. §
										21-29-43
				(1972, as amended) In the event a Firemen's and Policemen's Disability and
				Relief Fund disability retiree refuses to provide a statement of reexamination,
				his allowance shall be discontinued until his withdrawal of such refusal.
				(Miss. Code Ann. §
										21-29-137
				and
				21-29-243
				(1972, as amended))
b. If,
				following reexamination, the Medical Board determines that a disability retiree
				is physically and mentally able to return to the employment from which he is
				retired, the Board of Trustees, upon certification of such finding from the
				Medical Board, shall terminate the disability allowance as provided hereunder,
				whether or not the retiree is reemployed or seeks such reemployment. (Miss.
				Code Ann. §
										21-29-43(2)(1972,
				as amended))
c. Disability retirees
				shall be required to submit annually a copy of their federal income tax return,
				including supporting documentation, or other earnings statements acceptable to
				the Board of Trustees, no later than 30 days following the due date of such
				return.
d. Any General Municipal
				disability retiree, who has not completed twenty (20) years of service prior to
				retirement, who secures gainful employment over a period of three (3)
				consecutive months shall have his disability benefit revoked by the Board.
				(Miss. Code Ann. §
										21-29-43(3)(1972,
				as amended))
e. If income
				information is not submitted as required by the Board of Trustees, benefits
				shall be suspended until such time as the retiree submits proper documentation
				as required above. (Miss. Code Ann. §
										25-11-113(4)(1972,
				as amended))