27 Miss. Code. R. 210-36-103 - Eligibility for Membership Service Credit

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.

b. Requirements for elected officials State wide and district-wide elected officials and local elected officials, including fee-paid elected officials, not excluded by a joinder agreement or by law, who are compensated on an annual or monthly salary, shall be deemed to be full-time employees in a covered position eligible for membership service credit.

Notes

27 Miss. Code. R. 210-36-103

Amended 10/1/2016 Amended 8/1/2022