27 Miss. Code. R. 210-34-106 - Withdrawal from Service or Termination from Service
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benefits may not begin until the member has withdrawn from service as required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. §§
25-11-126 and
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. §§
25-11-126 and
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-days 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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.