27 Miss. Code. R. 210-45A-104 - Effective date of benefits

1. The effective date of benefits shall be the first of the month following receipt of a completed application for a disability retirement allowance but in no event before termination from covered service. § 25-11-113(1)(a)

2. For purposes of determining the effective date of benefits as referenced in Section 104.1 of this Regulation, termination from covered service shall mean the cessation of the employee/employer relationship as characterized by resignation or termination from employment with or without cause. While a member may not be performing the duties of the job, if the member has not resigned or been terminated by the employer, the member is still considered employed and thus ineligible for initiation of disability retirement benefit payments. In cases where the member is on authorized leave with or without pay, such member is considered an employee of the agency, and thus not eligible to simultaneously receive disability retirement benefit payments.

3. A member must terminate from all positions in state service, whether covered or not, to be eligible for any benefit. If a determination is made that a member who is employed in one covered position is disabled from that position, he or she must terminate from all positions in state service, whether covered or not, to receive a disability retirement allowance. If the member does not terminate all state service within 90 days of approval for a disability retirement allowance, both the disability retirement and the application shall be void.

4. If a member is reemployed by a covered employer in any capacity, including that of an independent contractor, within 90 days from his or her effective date of retirement, or is promised before retiring that he or she will be reemployed following the 90-day separation period, (i) the member shall be considered to have continued in the status of an employee and not to have separated from service, (ii) the retirement allowance will be canceled, and (iii) any retirement allowance payments received by the member shall be repaid to PERS. The member's wages and contributions will continue to be reported to PERS, provided that the member is employed in a covered position.

Notes

27 Miss. Code. R. 210-45A-104

Amended 10/1/2016 Amended 2/1/2022