reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 35 - Filing an Application for Monthly Benefits and Establishing an Effective Date of Retirement › Section 27-210-35-107 - Duty-related death benefits for survivors of public safety officers may be excluded from income

Current through June 25, 2024
Internal Revenue Code Section 101(h) provides that gross
				  income shall not include any amount paid as a survivor annuity on account of
				  the death of a public safety officer (as such term is defined in section 1204
				  of the Omnibus Crime Control and Safe Streets Act of 1968) killed in the line
				  of duty:
a. if such annuity is provided
				under a governmental plan that meets the requirements of Section 401(a) to the
				spouse (or a former spouse) of the public safety officer or to a child of such
				officer; and
b. to the extent such
				annuity is attributable to such officer's service as a public safety officer.
IRC 101(h) provides that this treatment does not apply if the
				  public safety officer's death was caused by intentional misconduct or by his or
				  her intent to end his or her life; if the officer was voluntarily intoxicated
				  at the time of death; if the officer was performing his duties in a grossly
				  negligent manner at the time of death; or if the recipient of the survivor
				  annuity took actions that were a substantial contributing factor to the
				  officer's death.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-100 - Purpose

Current through June 25, 2024
This regulation clarifies which employees are eligible for
				  coverage and membership service credit in the Public Employees' Retirement
				  System of Mississippi (PERS).
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-101 - Definitions

Current through June 25, 2024
1. Definition of "Position"
Participation in PERS is limited to eligible employees who
				  occupy a covered position with a qualifying governmental entity. Miss. Code
				  Ann. §
										25-11-103(s)
				  (1972, as amended) defines "position" as any office or any employment in the
				  state service or two or more of them, the duties of which call for services to
				  be rendered by one person, including positions jointly employed by federal and
				  state agencies administering federal and state funds.
2. Definition of "Employee"
"Employee" means any person legally occupying a position in
				  state service and includes the employees of the retirement system. An employee
				  is a person in the service of another where the employer has the power or right
				  to control and direct the employee in the material details of how the work is
				  to be performed. Only employees are eligible for membership in PERS.
3. Definition of "Independent
				Contractor"
An independent contractor is one, who in the exercise of
				  independent employment, contracts to do a piece of work according to his or her
				  own methods and is subject to his or her employer's control only as to the end
				  product or final result of his or her work. An independent contractor is not
				  eligible for membership in PERS.
4. Definition of "Employer"
"Employer" means the State of Mississippi or any of its
				  departments, agencies, political subdivisions, or instrumentalities from which
				  any employee receives his or her compensation.
5. Definition of "State Service"
"State Service" means all offices and positions of trust or
				  employment in the employ of the state, or any political subdivision or
				  instrumentality of the state that elects to participate in PERS by way of
				  joinder agreement in accordance with Miss. Code Ann. §
										25-11-105(f)
				  (1972, as amended), including the position of elected fee officials of the
				  counties and their deputies and employees performing public services and any
				  department, independent agency, board or commission, and also including all
				  offices and positions of trust or employment in the employ of joint state and
				  federal agencies administering state and federal funds and service rendered by
				  employees of the public schools.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-102 - Eligibility for PERS membership

Current through June 25, 2024
1. To participate
				in PERS, an individual must be an employee in a covered position with a covered
				employer and subject to the control of the covered employer as defined in
				Internal Revenue Service (IRS) guidelines and
must
satisfy the
				following requirements:
a. Be properly
				classified as an employee;
b. Have
				compensation properly reported on IRS Form W-2,
Wage and Tax
				Statement
;
c. Be paid
				regular periodic compensation (whether hourly, daily, weekly, or monthly);
				and
d. Be treated as an employee
				for all general purposes, including, but not limited to, eligibility for fringe
				benefits, payment of employment-related expenses, payroll tax withholding,
				etc.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-103 - Eligibility for Membership Service Credit

Current through June 25, 2024
1. To receive
				service credit for any month, a member must be employed in a position in which
				the employee works the equivalent of at least half the normal workload for the
				position and earns at least half the normal compensation for the position in
				any month. Reference PERS Board Regulation 25,
Eligibility of Part-time
				Employees for State Retirement Annuity Service Credit
.
2. Any person who works half time or more
				based on a full-time equivalent position and whose employment is anticipated to
				exceed four and one-half consecutive months shall be covered, whether
				probationary or otherwise.
a. Requirements
				for general, non-elected employees
i. For
				non-elected, non-school employees and school employees where the fulltime
				equivalent workload is based on 40 hours per week, creditable service is only
				allowed for employment in a position in which the employee performs services
				and receives compensation for not less than 20 hours per week or a total of 80
				hours per month. Except as otherwise provided by law, no creditable service
				shall be allowed for service when the employee is not paid for at least 20
				hours of service per week or for a total of 80 hours per month.
ii. For non-elected school employees where
				the full-time equivalent workload is based on 35 hours per week, creditable
				service is only allowed for employment in a position in which the employee
				performs services and receives compensation for not less than 17.5 hours per
				week or a total of 70 hours per month.
iii. For school employees employed pursuant
				to a contract, the employee must substantially complete the legal school term
				in order to receive credit for a full year of service. "Substantial completion
				of the legal school term" is defined as the employee completing the full school
				term and receiving at least 11/12 th (91.67 percent) of the contract salary for
				the full school term. For school employees employed pursuant to a contract who
				do not substantially complete the legal school term, service credit will be
				awarded in monthly increments.
iv.
				Except as otherwise provided by law, no service credit shall be awarded to any
				non-elected employee where the compensation received does not equal or exceed
				minimum wages as provided in the Fair Labor Standards Act of 1938, as
				amended.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-104 - Positions excluded from coverage

Current through June 25, 2024
1. An appointed or
				elected official compensated solely on a per diem basis is not eligible for
				membership in PERS and thus not eligible for membership service credit. This
				includes school board members who are specifically excluded from PERS
				membership pursuant to Miss. Code Ann. §
									37-6-13
				(1972, as amended) and who may elect to receive either a per diem or a monthly
				salary.
2. Employees whose
				positions are excluded from coverage by way of a joinder agreement are not
				eligible for membership in PERS and thus not eligible for membership service
				credit.
3. Students of any state
				educational institution employed by any agency of the State for temporary,
				part-time, or intermittent work as described in PERS Board Regulation 37,
Eligibility of Student Employees for Membership in Retirement Annuity
				Coverage
, are not eligible for membership in PERS and thus not
				eligible for membership service credit.
4. Patients or inmate help who work in state
				charitable, penal, or correctional institutions are not eligible for membership
				in PERS and thus not eligible for membership service credit.
5. Persons whose employment is temporary or
				intermittent in nature and who are not employed at least four and one-half
				consecutive months shall not be in a covered position and shall not be covered
				by PERS. However, this limitation shall not apply to any individual who is
				already in a covered position under PERS either with the same or another
				covered agency.
6. Any employee
				engaged on a day-to-day basis to replace another employee who is temporarily
				absent shall be considered a substitute employee serving in temporary and
				intermittent employment and shall not be covered under PERS. An employee
				engaged to fill a vacant position (including a position vacated by an extended
				leave of absence) is not considered a substitute employee if such employment is
				for a period of four and one-half consecutive months or longer and therefore
				must be covered under PERS.
7.
				Contract personnel employed by state agencies pursuant to the authority granted
				under Miss. Code Ann. §
									25-9-120(1)
				(1972, as amended) are specifically excluded by law from participation in
				PERS.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-105 - Effect of Dual Employment on Reportable Earnings and Membership Service Credit

Current through June 25, 2024
1. Effective July
				1, 1999, any member in a covered position, as defined by PERS laws and
				regulations, who is also employed by another covered agency or political
				subdivision shall have the earnings of that additional employment reported to
				PERS provided the employee occupies a position that would otherwise be covered
				if the employee worked and was paid for a sufficient number of hours as set
				forth in this regulation. The wages from the second position are reportable to
				PERS if the second position is independently covered under PERS or if the
				second position is less than half time, but would otherwise be covered
				independently if the employee worked the requisite number of hours.
2. PERS law provides that not more than one
				year of service is creditable for all services rendered in any one fiscal year.
				Where a member holds two or more covered positions simultaneously, as defined
				in this section, PERS can grant creditable service, including membership
				service credit and credit for unused leave, on only one such position. A member
				may be covered in two positions with two different employers where both
				employers provide leave benefits. While the wages of both covered positions are
				required to be reported to PERS, no more than one year of service credit will
				be granted during the year regardless of the number of positions held. In
				addition, upon retirement, PERS can grant additional retirement service credit
				for accumulated unused leave from only one position.
3. Where a position is expressly excluded by
				law or where the position is expressly excluded by joinder agreement, wages
				from the second expressly excluded position shall not be reported to PERS. In
				no case should compensation paid to an individual as an independent contractor
				be reported to PERS.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-106 - Work requirement exception for members employed as of July 1, 1992

Current through June 25, 2024
Effective July 1, 1992, any employee employed in a position
				  in which he or she receives compensation for less than 20 hours per week or a
				  total of 80 hours per month, or in which school personnel receive compensation
				  for less than half-time for the academic year, shall not be, or become a
				  member, except that any active member employed in such position on July 1,
				  1992, may continue as an active member so long as he or she is employed in such
				  position.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-107 - Work requirement exception for members performing professional services

Current through June 25, 2024
Any active member employed on July 1, 2002, by a covered
				  employer to perform professional services and who participates in PERS based on
				  the performance of such services will continue to be an active member for as
				  long as he or she is employed in such position. This provision applies to an
				  individual, not a firm of individuals, employed as an employee on a regular
				  basis to provide professional services, such as legal or engineering services,
				  to a participating employer. Determination of coverage eligibility is first
				  subject to the authority of the employer to employ such professional. If the
				  employer has the authority to employ the professional in a state service
				  position as defined in Section 101.5 of this regulation and if the professional
				  is determined to be an employee by using the guidelines expressed by the IRS,
				  the professional hired on or after July 1, 2002, is subject to the same
				  participation criteria, including the prerequisite minimum number of hours
				  worked and compensation received, as any other employee.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-108 - Determination of Employee Status

Current through June 25, 2024
The employer has the responsibility for the proper employment
				  classification of an individual as an employee or independent contractor. PERS
				  uses the guidelines published by the IRS as reflected in Form SS-8,
Determination of Worker Status for Purposes of Federal Employment Taxes
				  and Income Tax Withholding
, for determining worker status. If, based
				  on the facts, it is determined that an employer has made an error in
				  classification, PERS will require the employer to correct any reporting error
				  resulting from the misclassification.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 36 - Eligibility for Membership in the Public Employees' Retirement System of Mississippi (PERS) › Section 27-210-36-109 - Members of Boards and Commissions

Current through June 25, 2024
Members of boards and commissions of various state
				  departments or agencies or commissions who are paid a stipulated monthly salary
				  for their services are considered as employees in state service for purposes of
				  coverage under PERS unless the position is specifically excluded by law or
				  joinder agreement. Conversely, members of boards and commission who are paid
				  solely on a per diem and expense basis are not considered as in state service
				  within the meaning of this term as it applies to employment of the state.
				  Reference PERS Board Regulation 6,
Coverage of Members of Boards and
				  Commissions
.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 37 - Eligibility of Student Employees for Membership in Retirement Annuity Coverage › Section 27-210-37-100 - Purpose

Current through June 25, 2024
The purpose of this regulation is to clarify when an employee
				  is deemed a student of a state educational institution employed in temporary,
				  part-time, or intermittent work and thus not eligible for retirement coverage.
				  This regulation confirms and reaffirms prior construction of law, practice and
				  procedure of the Public Employees' Retirement System of Mississippi (PERS).
				  Miss. Code Ann. §
									25-11-105
				  II (1972, as amended) provides that "Students of any state educational
				  institution employed by any agency of the state for temporary, part-time or
				  intermittent work" shall not become members of PERS, any other provisions of
				  Articles 1 and 3 to the contrary notwithstanding.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 37 - Eligibility of Student Employees for Membership in Retirement Annuity Coverage › Section 27-210-37-101 - Determining status as a student

Current through June 25, 2024
Any employee having the status of a student who, incidental
				  to such person's status as a student, is employed by the institution being
				  attended, shall be deemed to be in part-time, temporary or intermittent
				  employment and such employment shall not constitute covered employment, except
				  that any active member of PERS who elects to pursue additional education at the
				  institution where employed shall remain an active member, provided such
				  employee continues, without interruption, to be employed in an otherwise
				  covered position. Any person who is employed by any covered agency, other than
				  the educational institution the person is attending, shall be covered in the
				  same manner as non-students. Any student employed by any covered agency for a
				  period of 4½ months or less (i.e. summer employment) is employed on a
				  temporary basis and shall not be covered by PERS.
1. Students in Work Study Program
Students employed by any educational institution pursuant to
				  a Work Study Program and who must be full-time students at the institution, are
				  part-time employees and are not in covered service.
2. Graduate Assistants
Student graduate assistants who work while attending the
				  educational institution where they are employed are part-time or temporary
				  employees and such employment is not covered service.
3. Students in Co-Op Program
Co-Op students shall be considered students regardless of the
				  number of months employed and shall not be eligible for membership.
4. Participants in a Paid
				Internship Program
Participants in a paid internship program through a covered
				  employer shall be ineligible for membership in PERS where such participants are
				  required under the terms of the paid internship program to be enrolled as
				  full-time undergraduate or graduate students during the regular school term in
				  a program as described in Miss. Code Ann. §
										7-7-204
				  (1972, as amended) or any similar program.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 37 - Eligibility of Student Employees for Membership in Retirement Annuity Coverage › Section 27-210-37-102 - Ineligibility of student employee for membership in retirement system

Current through June 25, 2024
Student employees who are not eligible for membership in PERS
				  will not have deductions made from compensation for that employment, and will
				  not receive service credit for that employment. This provision confirms the
				  practice and policy of PERS and applies for granting of future or prior
				  membership service credit.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 38 - Access to Public Records under Mississippi Public Records Act of 1983 › Section 27-210-38-100 - Purpose

Current through June 25, 2024
The purpose of this regulation is to outline the provisions
				  under which the Public Employees' Retirement System of Mississippi (PERS) must
				  respond to requests for information subject to the Mississippi Public Records
				  Act of 1983.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 39 - Physical Reevaluations of Disability Retirees of the Municipal Retirement System or Policemen's and Firemen's Disability and Relief Systems › Section 27-210-39-100 - Purpose

Current through June 25, 2024
The purpose of this regulation was to clarify when a physical
				  re-examination was required for disability retirees retired under the general
				  municipal retirement systems or policemen's and firemen's disability and relief
				  funds.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 39 - Physical Reevaluations of Disability Retirees of the Municipal Retirement System or Policemen's and Firemen's Disability and Relief Systems › Section 27-210-39-101

Current through June 25, 2024
This regulation was repealed by the Board of Trustees as the
				  contents of the regulation were incorporated into the comprehensive provisions
				  for disability benefits of the municipal systems reflected in Regulation
				  45B.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 40 - Insurance Advisory Committee › Section 27-210-40-100 - Purpose

Current through June 25, 2024
The purpose of this regulation is to establish the Retiree
				  Insurance Advisory Committee of the Public Employees' Retirement System of
				  Mississippi by the Board of Trustees for the purpose of providing information
				  and recommendations to the Board relative to the health and life insurance need
				  of the retirees of the Public Employees' Retirement System of Mississippi and
				  other systems administered by the Board.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 40 - Insurance Advisory Committee › Section 27-210-40-101 - Membership on the Insurance Advisory Committee

Current through June 25, 2024
The Committee shall consist of seven members, each retired
				  under a system administered by the Public Employees' Retirement System of
				  Mississippi and at least one of whom shall be a retiree covered by the State
				  Employees' Health Plan. The Executive Director of the Public Employees'
				  Retirement System shall make all appointments to the Committee with the
				  approval of the Board of Trustees. Terms of office shall be for a period of
				  three (3) years and no committee member shall serve more than two (2)
				  consecutive terms. Service for a portion of an unexpired term shall not count
				  as a full term. The initial appointments for the Board of Trustees, which shall
				  begin on November 1, 1991, shall be as follows:
Two terms for one year expiring October 31, 1992
Two terms for two years expiring October 31, 1993
Three terms for three years expiring October 31, 1994
(After October 31, 1993, the last statement shall read: The
				  term of office shall begin on November 1 of the year of the appointment.)
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 40 - Insurance Advisory Committee › Section 27-210-40-102 - Selection of Committee Officers

Current through June 25, 2024
The Committee shall elect by a majority vote of those
				  present a Chairman who shall serve for a term of one year and shall be eligible
				  for reelection to that position. The Committee may select other officers as it
				  considers appropriate for similar terms of service not to exceed one year and
				  the Committee may reelect any officer it so chooses.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 40 - Insurance Advisory Committee › Section 27-210-40-103 - Committee Meetings

Current through June 25, 2024
All meetings shall be at the call of the Chairman and should
				  be at least annually. Four members present shall constitute a quorum for the
				  transaction of business for the Committee. Committee members shall be
				  reimbursed for mileage required to attend official committee meetings in
				  accordance with the Public Employees' Retirement System Travel Policies.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 40 - Insurance Advisory Committee › Section 27-210-40-104 - Committee Reports to the Board of Trustees

Current through June 25, 2024
The Committee shall make reports to the Board of Trustees on
				  an annual basis and will coordinate its activities through the Executive
				  Director or his designee.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 40 - Insurance Advisory Committee › Section 27-210-40-105 - Filling a vacancy on the Committee

Current through June 25, 2024
Any vacancy in the office of the committee member shall be
				  declared to the Executive Director by the Committee at the occurrence of such
				  vacancy. The vacancy shall be filled by appointment made by the Executive
				  Director of the Public Employees' Retirement System, and approved by the Board
				  of Trustees, for the unexpired portion of the term of office.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 41 - PERS Marketing Policy and Guidelines - Deferred Compensation Plan › Section 27-210-41-100 - Purpose

Current through June 25, 2024
The purpose of this regulation is to provide enrollment
				  guidelines for the Third Party Administrator to be used in presenting
				  information to and enrolling employees in the Deferred Compensation
				  Plan.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 41 - PERS Marketing Policy and Guidelines - Deferred Compensation Plan › Section 27-210-41-101 - Objective of guidelines

Current through June 25, 2024
The marketing objective is to provide eligible employees a
				  clear understanding of the Deferred Compensation Plan as a supplement to the
				  PERS Retirement Plan. In order to assure that all eligible employees have all
				  the information needed to make informed and unbiased decisions, they should be
				  encouraged to attend group meetings and talk to their Deferred Compensation
				  Registered Representative.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 41 - PERS Marketing Policy and Guidelines - Deferred Compensation Plan › Section 27-210-41-102 - Responsibilities of PERS and the Deferred Compensation Plan Administrator

Current through June 25, 2024
The Deferred Compensation Plan Administrator should be
				  furnished a list of all new eligible employees. The Deferred Compensation
				  Administrator should be permitted to contact the eligible employee to request a
				  mutually agreed upon time for a personal presentation, if the eligible employee
				  desires such a meeting. No high-pressure sales methods will be applied by the
				  Deferred Compensation Registered Representatives. All presentation materials
				  presented to eligible employees by the Deferred Compensation Registered
				  Representatives will be approved by PERS.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 41 - PERS Marketing Policy and Guidelines - Deferred Compensation Plan › Section 27-210-41-103 - Guidelines

Current through June 25, 2024
The Deferred Compensation Registered Representatives will
				  work within the following marketing guidelines set forth by PERS.
1. PERS has the authority over coordination
				of the Deferred Compensation marketing effort.
2. The employer has the ultimate
				responsibility for informing each employee of his/her eligibility for the
				Deferred Compensation Plan. The Deferred Compensation Administrator will assist
				in meeting this requirement through group meetings sponsored by the employer
				and conducted by the Deferred Compensation Administrator. Representatives of
				the Plan will be available for these group meetings and/or additional meetings
				as requested by the employer or PERS.
3. Each eligible employer may provide the
				Deferred Compensation Administrator with the name(s) or the contact person(s)
				by department or location. In turn, the Deferred Compensation Administrator
				will provide the employer contacts with the names of their respective Deferred
				Compensation Registered Representatives.
4. The PERS executive director may provide
				the Deferred Compensation Administrator with contact, wages, date of birth, and
				other sensitive personally identifiable information for eligible PERS members,
				provided the Deferred Compensation Administrator signs a statement that any
				information provided by PERS with regard to its members must be kept
				confidential and will not be shared with or released to any third party or used
				in any way except for the express purposes of presenting information to and
				enrolling employees in the Deferred Compensation Plan.
5. The Deferred Compensation Administrator's
				representatives may contact eligible employers and employees through brochure
				distribution, mail-outs, email, at employer sponsored meetings, or through
				other approved communications.
6.
				Gifts or any other monetary award or gratuity to employees or employers under
				the Deferred Compensation Plan contract are strictly prohibited.
7. No products other than PERS authorized
				Deferred Compensation products may be marketed by the Deferred Compensation
				Administrator's representatives.
8.
				PERS must approve all company sales literature and explanatory materials before
				any such materials may be distributed.
9. Each employer will make available to
				eligible employees the approved plan literature with the contact information
				and website of the Deferred Compensation Administrator.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-100 - Purpose

Current through June 25, 2024
This regulation governs all practice and procedure before
				  the Board of Trustees of the Public Employees' Retirement System of Mississippi
				  in all matters arising under all retirement plans or programs administered by
				  the Board, except where specifically otherwise provided by the statutes of such
				  programs or retirement plans, for which a hearing is requested in any contested
				  case.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-101 - Construction of regulation

Current through June 25, 2024
Where good cause appears, not contrary to statute, the Board
				  may permit deviation from these rules insofar as it may find compliance
				  therewith to be impracticable or unnecessary.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-102 - Definitions

Current through June 25, 2024
The following words and phrases as used in this Regulation,
				  unless a different meaning is plainly required by the context, have the
				  following meanings:
1. "Board" means
				the Board of Trustees of the Public Employees' Retirement System of
				Mississippi.
2. "Executive
				Director" means the executive director of the Public Employees' Retirement
				System of Mississippi.
3. "Hearing
				Officer" or "Committee" means the Disability Appeals Committee or the Claims
				Committee of the Board of Trustees of the Public Employees' Retirement System
				of Mississippi, as applicable.
4.
				"PERS" means the Public Employees' Retirement System of Mississippi.
5. "Presiding Officer" means the person who
				presides over the appeals hearing.
a. The
				Presiding Officer for the Disability Appeals Committee will be a voting member
				of the Committee.
b. The Presiding
				Officer for the Claims Committee may be a representative from the Office of the
				Attorney General, other than the PERS Attorney General Representative, who may
				also act as a non-voting legal advisor to the Committee during deliberations on
				the outcome of the hearing.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-103 - Perfection of appeal to the Board by timely filing

Current through June 25, 2024
1. All appeals to the Board shall be
				initiated by filing a written Notice of Appeal on a form prescribed by the
				Board.
2. A Notice of Appeal to the
				Board must be filed within 60 days after the date a person receives written
				notice of the administrative decision of the Executive Director or decision of
				the Medical Board, as applicable. Such notice may be filed by mail or in
				person. Failure to file a completed Notice of Appeal within the time specified
				shall be a bar to the filing of such appeal.
3. Once an appeal is timely filed, it shall
				be assigned a docket number.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-104 - Filing of pleadings and other documents

Current through June 25, 2024
1. All
				documents relating to any proceeding pending or to be instituted before the
				Board shall be filed with the Executive Director, or his or her designee, at
				429 Mississippi Street, Jackson, Mississippi 39201-1005.
2. All documentation filed by any party to an
				appeal must specify the assigned docket number and should be directed to the
				Executive Director, or his or her designee.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-105 - Exhaustion of remedies

Current through June 25, 2024
No person may file an appeal with the Board until there has
				  been an administrative decision by the Executive Director or, in the case of
				  disability appeals, a decision by the Medical Board. Failure to exhaust
				  administrative remedies, as herein provided, shall constitute a bar to any
				  action in the courts, to the extent consistent with the laws of this state.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-106 - Judicial review

Current through June 25, 2024
After an Order has been issued by the Board, an aggrieved
				  party may file an appeal with the Circuit Court of the First Judicial District
				  of Hinds County, Mississippi. Any such Notice of Appeal must be filed with the
				  Hinds County Circuit Clerk within 30 days of the entry of the Order of the
				  Board being appealed. Failure to file a Notice of Appeal within the time frame
				  specified will act as a procedural bar and will leave the courts without
				  jurisdiction to hear the appeal.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-107 - Assignment of Hearing Officer, setting of hearing and appearance

Current through June 25, 2024
1. The Board may, by Order entered in its
				minutes, appoint a committee of the Board or such other qualified personnel as
				Hearing Officer.
2. The Executive
				Director shall set a date and time for the hearing. Unless otherwise ordered,
				hearings shall be held in the Hearing Room of the PERS Building located at 429
				Mississippi Street, Jackson, Mississippi.
3. A Notice of Hearing shall be sent via
				United States mail to the appealing party and legal representative, if
				applicable.
4. If an appealing
				party fails to appear at the hearing, the Presiding Officer may proceed with
				the hearing and prepare a proposed statement of facts and recommendation to the
				Board based on the evidence presented at such hearing.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-108 - Continuances and rescheduling of hearings

Current through June 25, 2024
1. Any request
				for a change or delay of a scheduled hearing must be made to the Executive
				Director in writing.
2.
				Continuances requested by any party shall be granted within the discretion of
				the Presiding Officer or Executive Director only for good cause shown.
3. If a continuance is granted
				upon a request made less than 14 days prior to a scheduled hearing, the
				requesting party will be responsible for paying any costs of rescheduling.
				Payment must be received before a new hearing date will be scheduled.
4. When a continuance is granted
				or a hearing is rescheduled or relocated for any reason, each party shall be
				responsible for notifying their witnesses of the date, time and location of the
				hearing.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-109 - Witnesses for non-disability-related appeals

Current through June 25, 2024
In an appeal, other than one from a decision of the Medical
				  Board, each party shall file a list of witnesses who will testify at the
				  hearing, as well as a brief summary of testimony to be given. Each party must
				  file a witness list in compliance with this regulation no later than 10 days
				  prior to the date of the hearing.
1.
				The list shall contain for each witness proposed to be called by the appealing
				party:
a. Name;
b. Relationship to the appealing party (e.g.,
				co-worker, supervisor, spouse, etc.); and
c. Brief summary of testimony to be given.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-111 - Evidence

Current through June 25, 2024
1. The hearing shall be informal and formal
				rules of evidence shall not apply. In conducting a hearing, the Committee shall
				not be bound by the formal rules of evidence and no informality in any
				proceedings or in the manner of taking of testimony shall invalidate any order
				or decision of the Board.
2. All
				testimony to be considered by the Committee, except matters noticed officially
				or entered by stipulation shall be sworn testimony. Before giving testimony,
				each person shall swear or affirm that the testimony about to be given before
				the Committee shall be the truth, the whole truth and nothing but the truth.
3. The Presiding Officer will
				accept evidence and rule as to the admissibility of evidence that has not been
				submitted prior to the decision which is the subject of the appeal. All
				relevant evidence is admissible, but the Presiding Officer may exclude evidence
				if its probative value is outweighed by the danger of unfair prejudice, by
				confusion of the issues, or by considerations or undue delay, or needless
				presentation of cumulative evidence. The Presiding officer shall exercise
				reasonable control over the manner and order of cross-examining witnesses and
				presenting evidence.
4. Documents
				received into evidence by the Presiding Officer shall be marked and filed as a
				part of the record.
5. A copy of
				the composite exhibit to be introduced on behalf of PERS will be made available
				to the appealing party prior to the hearing. PERS may charge a fee for
				providing such copy in accordance with any applicable fee schedule adopted by
				the Board.
6. Summations of the
				evidence and the law may be heard in the discretion of the Presiding
				Officer.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-112 - Record of hearing

Current through June 25, 2024
PERS will ensure that all hearings are recorded by
				  electronic or stenographic means. The method used to record each hearing shall
				  be determined by PERS.
In response to a written request for a transcript of
				  proceedings recorded by electronic means, PERS will provide an audio recording
				  of the hearing. The requesting party must contact a certified court reporter to
				  transcribe and certify, under penalty of perjury, on the transcript that he or
				  she heard the witness sworn on the recording and that the transcript is a
				  correct writing of the recording. It is the responsibility of the party
				  requesting the transcript to pay any costs associated with preparation of the
				  requested transcript.
Any party desiring a transcript of a hearing recorded by
				  stenographic means shall make request of the court reporter in attendance and
				  shall be responsible for the payment of the cost of preparation of the
				  transcript.
In the event the claimant appeals the decision of the Board
				  to the Circuit Court of Hinds County, a certified copy of the transcript must
				  be provided to the Executive Director with cost to be borne by the appealing
				  party.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-113 - Order to be filed upon completion of hearing

Current through June 25, 2024
After all evidence is heard or received and the hearing is
				  completed and the Committee's deliberation is concluded, the Committee shall
				  certify the record described in Miss. Code Ann. §
									25-11-120
				  (1972, as amended) to the Board. The record shall include the Committee's
				  proposed statement of fact and recommendation. In no case - other than those
				  specifically left open for additional documentation requested by the Committee
				  - shall evidence received after the hearing be included as part of the record
				  for review by the Board. The Board shall receive the record and make its
				  determination based solely on matters contained therein. Such determination
				  shall be final. A copy of the Order shall be sent by the Executive Director to
				  each party or his or her attorney.
Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 210 - PERS, Regulations for Retirement Plans Administered by the Board of Trustees › Chapter 42 - Rules of Hearing Practice and Procedure before the Board of Trustees of the Public Employees' Retirement System of Mississippi › Section 27-210-42-114 - Service of notices and Orders by the Board

Current through June 25, 2024
All notices and orders required to be served by the Board,
				  the Hearing Officer or the Executive Director may be served by mail and service
				  thereof shall be complete when a true copy of such document, properly addressed
				  and stamped, is deposited in the United States mail.