Government Employees Deferred Compensation Plan Law

Miss. Code Ann. tit. 25, ch. 14
in effect

Miss. Code Ann. § 25-14-1 Title.

This chapter shall be known as the “Government Employees Deferred Compensation Plan Law,” and may be so cited.

Miss. Code Ann. § 25-14-3 Definitions.

For the purposes of this chapter, the term “employee” means any person, whether appointed, elected, or under contract, providing services for the State of Mississippi, state agencies, counties, municipalities, or other political subdivisions, for which compensation is paid.

Miss. Code Ann. § 25-14-5 Deferred compensation program authorized; investment; deferred compensation exempt from tax and execution.

The State of Mississippi, or any state agency, county, municipality or other political subdivision may, by contract, agree with any employee to defer, in whole or in part, any portion of that employee’s income, and a county, municipality or other political subdivision, except community and junior college districts, may make contributions to the plan on behalf of actively participating members on a uniform basis through an employer contribution agreement as provided for in the Mississippi Deferred Compensation Plan and Trust Plan Document if making the contribution does not conflict with any other state law. Those funds may subsequently be used to purchase a fixed or variable life insurance or annuity contract authorized for purchase by the Public Employees’ Retirement System of Mississippi for the purpose of protecting its obligation to the deferred compensation program for the employee from any life underwriter duly licensed by this state who represents an insurance company licensed to contract fixed and variable annuities and fixed or variable life insurance business in this state and authorized by the Public Employees’ Retirement System of Mississippi to offer their products in the plan, or to purchase any investments authorized for purchase by the Public Employees’ Retirement System of Mississippi under Section 25-11-121, or to invest those monies in a fund or funds maintained by a corporate trustee, which fund or funds are used as an investment media for retirement, pension or profit sharing plans that are tax qualified for that purpose. However, in the administration of this plan, the Public Employees’ Retirement System of Mississippi may adopt such regulations as are reasonable and necessary to assure the orderly functioning of the plan, but those regulations shall not unreasonably restrict all licensed life underwriters and insurance companies described in this section from concurrently participating in providing contracts authorized under this section. Anything in any other law to the contrary notwithstanding, the deferred portion of the employee’s compensation, the plan and the monies in the plan created by this chapter are exempt from any state, county or municipal ad valorem taxes, income taxes, premium taxes, privilege taxes, property taxes, sales and use taxes and any other taxes not so named, until the deferred compensation is paid to the employee or beneficiary and exempt from levy, garnishment, attachment or any other process whatsoever.

Miss. Code Ann. § 25-14-7 Administration of deferred compensation program.

The administration of the deferred compensation program shall be under the direction of the Public Employees’ Retirement System of Mississippi or the appropriate officer designated by a county, municipality or other political subdivision. The deferred compensation program shall be operated in accordance with the guidelines established by the Internal Revenue Service as reflected in the plan document as may be modified from time to time by the board of trustees. Payroll reductions shall be made, in each instance, by the appropriate payroll officer. The administrator of a deferred compensation program may contract with a private corporation or institution for providing consolidated billing and other administrative services if deemed necessary by the administrator. The board of trustees may levy such charges and fees on participants’ contributions as may reasonably be necessary to provide for the administrative expenses of operating the deferred compensation program, including, but not limited to, the services of auditors, consultants, money managers and third-party administrators.

Miss. Code Ann. § 25-14-9 Investment of monies in life insurance and annuity contracts or in other funds authorized.

Notwithstanding any other provision of law to the contrary, the Public Employees’ Retirement System of Mississippi or the appropriate officer of a county, municipality, or other political subdivision designated to administer a deferred compensation program is hereby authorized to invest the monies held pursuant to a deferred compensation program in fixed and variable life insurance or annuity contracts; or to purchase any investments authorized for purchase by the Public Employees’ Retirement System of Mississippi under Section 25-11-121, Mississippi Code of 1972; or to invest such monies in a fund or funds maintained by a corporate trustee, which fund or funds are used as an investment media for retirement, pension or profit sharing plans that are tax qualified for such purpose.

Miss. Code Ann. § 25-14-11 Deferred compensation program additional to other retirement, pension, and benefit systems.

The deferred compensation program established by this chapter shall exist and serve in addition to other retirement, pension, or benefit systems established by the State of Mississippi, state agencies, counties, municipalities, or other political subdivisions. The deferred compensation program established by this chapter shall not supersede, make inoperative, or reduce any benefits provided by the Public Employees’ Retirement System of Mississippi, by the Teachers’ Retirement System of Mississippi, by programs established under the general municipal employees’ retirement act, or by any other retirement, pension, or benefit program established by law.

Miss. Code Ann. § 25-14-13 Deferred compensation considered as compensation for purpose of retirement, pension, and benefit programs.

Notwithstanding any other provision of law to the contrary, any compensation deferred under this chapter shall be considered part of an employee’s compensation for purposes of any other employee retirement, pension, or benefit program. No deferral of income under the deferred compensation program shall effect a reduction of any retirement, pension, or other benefit program provided by law.

Miss. Code Ann. § 25-14-15 Deferred compensation not included for withholding taxes purposes.

Notwithstanding any other provision of this chapter or any other provision of law to the contrary, any sum deferred under the deferred compensation program shall not be included for the purposes of computation of any taxes withheld on behalf of any employee.

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