Citation: Stat. - Miss. Code Ann. § 25-11-201 (1)(d)

Article 5. Teachers' Retirement System

� 25-11-201. Continuance of particular vested rights

(1) As soon after July 1, 1952, as practicable, but not later than July 15, 1952, the board of trustees of the teachers' retirement system shall transfer all funds and securities held by the teachers' retirement system to the trustees of the public employees' retirement system created by sections 25- 11-1 to 25-11-139, and the corporation known as the teachers' retirement system of Mississippi shall be dissolved as of the date thereof. The board of trustees of the teachers' retirement system shall at that time make a full and complete report and accounting as to all funds and securities in its possession and under its control, and shall transfer all books, records, papers, and equipment under its control to the board of trustees of the public employees' retirement system. Under the provisions of said sections 25-11-1 to 25- 11-139, the board of trustees of the public employees' retirement system shall from that date proceed with the liquidation of the teachers' retirement system as follows:

(a) Any former member of the teachers' retirement system who has been retired under any of the provisions of chapter 161, laws of 1944, or any former member who may be retired under said act prior to July 1, 1952, shall continue to receive the benefits provided by said chapter 161, as amended, just as if said act had not been repealed, together with an additional retirement benefit in the amount of twenty percent thereof. Where necessary, an additional retirement benefit shall be made to any retired teacher under this section in order to provide a minimum retirement benefit of forty dollars per month. From and after July 1, 1968, each and every benefit payment outlined above shall be increased by twenty-five percent, making the minimum payment fifty dollars per month and the maximum payment seventy-five dollars per month. From and after January 1, 1967, any former teacher who had retired from teaching services on account of age prior to the date of abolishment of the teachers' retirement system of Mississippi and who at that time had thirty years or more of teaching service, the last twenty years of which were in this state, and who has attained age sixty-five years or over shall be entitled to receive the minimum monthly retirement payment, from and after making application for such payment to the board of trustees of the public employees' retirement system and furnishing the proper proof of age and services. The payment of these benefits is hereby made an obligation of the State of Mississippi. The legislature shall annually appropriate an amount sufficient to pay these benefits which shall be credited to a trust fund to be designated as "Fund B." Payment of benefits to members of the teachers' retirement system retired prior to July 1, 1952, shall be paid from said "Fund B" and from no other source, except that any public school district or public junior college, by action of the board of trustees thereof, with funds derived locally, may provide additional supplementary benefits for teachers retired on or before July 1, 1952, but not to exceed one percent of the instructional budget in any fiscal year shall be so used.

(b) If any person having made contributions under such chapter 161 dies prior to its repeal but before retiring, his accumulated contributions shall be paid out as he shall have directed in writing. In the absence of such written directions his accumulated contributions shall be paid to his estate. This paragraph shall apply also to any person dying subsequent to repeal, but before receiving his contributions.

(c) Interest on members' accumulated contributions shall cease on August 1, 1952.

(d) The accumulated contributions of the several members shall be set aside in a trust fund designated as "Fund A" to be held for refund to the respective persons or beneficiaries entitled thereto; no interest shall be allowed. Until refunded or otherwise disposed of, such funds, interest therein, and rights thereto shall not be subject to legal, judicial, or other process.

(e) Within six (6) months after July 1, 1952, or as soon thereafter as practicable, the accumulated contributions of the members, less an amount sufficient to pay the employees' contributions as provided in article 1 from the effective date of the federal-state agreement to July 1, 1952, shall be returned to the members respectively entitled thereto, or shall be used to purchase an additional annuity in accordance with section 25-11-123(a)(3) if the member in writing shall affirmatively direct the custodian of such funds to transfer such member's contributions to the public employees' retirement system to be used for this purpose.

In any event, if no election has been made, such member's contributions shall be returned to him or, if deceased, be paid as he shall have directed. In the absence of such written direction, his accumulated contributions shall be paid to his estate.

(f) All other funds of whatsoever nature and kind transferred from the teachers' retirement system of Mississippi shall be set aside in the state treasury as a trust fund to be designated as "Fund C." From this fund there shall be paid the employer's contribution as provided in said article 1 from the effective date of the federal-state agreement to January 1, 1953. Any balance remaining in this fund after such payment shall be transferred to "Fund B" to be applied toward the payment of an additional allowance of twenty percent as provided by subparagraph (a) of this section to persons retired for service or disability on or before July 1, 1952, under chapter 161, laws of 1944, as amended, or their beneficiaries.

(2) The effectiveness of that provision in subparagraph (1)(a) of this section, which adopts a minimum benefit of fifty dollars per month for all teachers retired under the former teachers' retirement system, shall be contingent upon the annual appropriation of sufficient funds to pay the same for the fiscal year commencing July 1, 1970, and each succeeding fiscal year.