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To: State Affairs;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Crawford
HOUSE BILL NO. 1194
AN ACT TO AMEND SECTION 25-11-111, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT MEMBERS IN THE NEW TIER WHO HAVE COMPLETED AT 2
LEAST EIGHT YEARS OF MEMBERSHIP SERVICE SHALL BE ENTITLED TO 3
RECEIVE A RETIREMENT ALLOWANCE UPON WITHDRAWAL FROM SERVICE AT THE 4
AGE OF 60, AND MEMBERS WHO HAVE COMPLETED AT LEAST 30 YEARS OF 5
CREDITABLE SERVICE SHALL BE ENTITLED TO RECEIVE A RETIREMENT 6
ALLOWANCE UPON WITHDRAWAL FROM SERVICE REGARDLESS OF AGE; TO 7
PROVIDE THAT MEMBERS IN THE NEW TIER WHO WITHDRAW FROM SERVICE 8
BEFORE AGE 60 AND HAVE COMPLETED AT LEAST EIGHT YEARS OF 9
MEMBERSHIP SERVICE AND HAVE NOT RECEIVED A REFUND OF THEIR 10
CONTRIBUTIONS SHALL BE ENTITLED TO RECEIVE A RETIREMENT ALLOWANCE 11
UPON ATTAINING THE AGE OF 60; TO PROVIDE THAT THE ANNUAL 12
RETIREMENT ALLOWANCE OF A MEMBER WHO HAS ATTAINED THE AGE OF 60 13
BUT HAS NOT COMPLETED AT LEAST 30 YEARS OF CREDITABLE SERVICE 14
SHALL BE REDUCED BY AN ACTUARIAL EQUIVALENT FACTOR FOR EACH YEAR 15
OF CREDITABLE SERVICE BELOW 30 YEARS OR THE NUMBER OF YEARS IN AGE 16
THAT THE MEMBER IS BELOW AGE 65, WHICHEVER IS LESS; TO AMEND 17
SECTION 25-11-114, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 18
PRECEDING PROVISIONS WITH RESPECT TO RETIREMENT ALLOWANCES FOR 19
DEATH BEFORE RETIREMENT OR DEATH OR DISABILITY IN THE LINE OF 20
DUTY; AND FOR RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. Section 25-11-111, Mississippi Code of 1972, is 23
amended as follows: 24
25-11-111. (a) (1) Any member who became a member of the 25
system before July 1, 2007, upon withdrawal from service upon or 26
after attainment of the age of sixty (60) years who has completed 27
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at least four (4) years of membership service, or any member who 28
became a member of the system before July 1, 2011, upon withdrawal 29
from service regardless of age who has completed at least 30
twenty-five (25) years of creditable service, shall be entitled to 31
receive a retirement allowance, which shall begin on the first of 32
the month following the date the member's application for the 33
allowance is received by the board, but in no event before 34
withdrawal from service. 35
(2) Any member who became a member of the system on or 36
after July 1, 2007, * * * upon withdrawal from service upon or 37
after attainment of the age of sixty (60) years who has completed 38
at least eight (8) years of membership service, or any member who 39
became a member of the system on or after July 1, 2011, * * * upon 40
withdrawal from service regardless of age who has completed at 41
least thirty (30) years of creditable service, shall be entitled 42
to receive a retirement allowance, which shall begin on the first 43
of the month following the date the member's application for the 44
allowance is received by the board, but in no event before 45
withdrawal from service. 46
* * * 47
(b) (1) Any member who became a member of the system before 48
July 1, 2007, whose withdrawal from service occurs before 49
attaining the age of sixty (60) years who has completed four (4) 50
or more years of membership service and has not received a refund 51
of his accumulated contributions, shall be entitled to receive a 52
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retirement allowance, beginning upon his attaining the age of 53
sixty (60) years, of the amount earned and accrued at the date of 54
withdrawal from service. The retirement allowance shall begin on 55
the first of the month following the date the member's application 56
for the allowance is received by the board, but in no event before 57
withdrawal from service. 58
(2) Any member who became a member of the system on or 59
after July 1, 2007, * * * whose withdrawal from service occurs 60
before attaining the age of sixty (60) years who has completed 61
eight (8) or more years of membership service and has not received 62
a refund of his accumulated contributions, shall be entitled to 63
receive a retirement allowance, beginning upon his attaining the 64
age of sixty (60) years, of the amount earned and accrued at the 65
date of withdrawal from service. The retirement allowance shall 66
begin on the first of the month following the date the member's 67
application for the allowance is received by the board, but in no 68
event before withdrawal from service. 69
* * * 70
(c) Any member in service who has qualified for retirement 71
benefits may select any optional method of settlement of 72
retirement benefits by notifying the Executive Director of the 73
Board of Trustees of the Public Employees' Retirement System in 74
writing, on a form prescribed by the board, of the option he has 75
selected and by naming the beneficiary of the option and 76
furnishing necessary proof of age. The option, once selected, may 77
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be changed at any time before actual retirement or death, but upon 78
the death or retirement of the member, the optional settlement 79
shall be placed in effect upon proper notification to the 80
executive director. 81
(d) Any member who became a member of the system before July 82
1, 2011, shall be entitled to an annual retirement allowance which 83
shall consist of: 84
(1) A member's annuity, which shall be the actuarial 85
equivalent of the accumulated contributions of the member at the 86
time of retirement computed according to the actuarial table in 87
use by the system; and 88
(2) An employer's annuity, which, together with the 89
member's annuity provided above, shall be equal to two percent 90
(2%) of the average compensation for each year of service up to 91
and including twenty-five (25) years of creditable service, and 92
two and one-half percent (2-1/2%) of the average compensation for 93
each year of service exceeding twenty-five (25) years of 94
creditable service. 95
(3) Any retired member or beneficiary thereof who was 96
eligible to receive a retirement allowance before July 1, 1991, 97
and who is still receiving a retirement allowance on July 1, 1992, 98
shall receive an increase in the annual retirement allowance of 99
the retired member equal to one-eighth of one percent (1/8 of 1%) 100
of the average compensation for each year of state service in 101
excess of twenty-five (25) years of membership service up to and 102
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including thirty (30) years. The maximum increase shall be 103
five-eighths of one percent (5/8 of 1%). In no case shall a 104
member who has been retired before July 1, 1987, receive less than 105
Ten Dollars ($10.00) per month for each year of creditable service 106
and proportionately for each quarter year thereof. Persons 107
retired on or after July 1, 1987, shall receive at least Ten 108
Dollars ($10.00) per month for each year of service and 109
proportionately for each quarter year thereof reduced for the 110
option selected. However, such Ten Dollars ($10.00) minimum per 111
month for each year of creditable service shall not apply to a 112
retirement allowance computed under Section 25-11-114 based on a 113
percentage of the member's average compensation. 114
(e) Any member who became a member of the system on or after 115
July 1, 2011, but before March 1, 2026, shall be entitled to an 116
annual retirement allowance which shall consist of: 117
(1) A member's annuity, which shall be the actuarial 118
equivalent of the accumulated contributions of the member at the 119
time of retirement computed according to the actuarial table in 120
use by the system; and 121
(2) An employer's annuity, which, together with the 122
member's annuity provided above, shall be equal to two percent 123
(2%) of the average compensation for each year of service up to 124
and including thirty (30) years of creditable service, and two and 125
one-half percent (2-1/2%) of average compensation for each year of 126
service exceeding thirty (30) years of creditable service. 127
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(f) Any member who became a member of the system on or after 128
July 1, 2011, but before March 1, 2026, upon withdrawal from 129
service upon or after attaining the age of sixty (60) years who 130
has completed at least eight (8) years of membership service, or 131
any such member upon withdrawal from service regardless of age who 132
has completed at least thirty (30) years of creditable service, 133
shall be entitled to receive a retirement allowance computed in 134
accordance with the formula set forth in subsection (e) of this 135
section. In the case of the retirement of any member who has 136
attained age sixty (60) but who has not completed at least thirty 137
(30) years of creditable service, the retirement allowance shall 138
be computed in accordance with the formula set forth in subsection 139
(e) of this section except that the total annual retirement 140
allowance shall be reduced by an actuarial equivalent factor for 141
each year of creditable service below thirty (30) years or the 142
number of years in age that the member is below age sixty-five 143
(65), whichever is less. 144
(g) Any member who became a member of the system on or after 145
March 1, 2026, upon withdrawal from service upon or after 146
attainment of the age of * * * sixty (60) years who has completed 147
at least eight (8) years of membership service, * * * or upon 148
withdrawal from service regardless of age who has completed at 149
least * * * thirty (30) years of creditable service, shall be 150
entitled to an annual retirement allowance which shall consist of 151
a member's annuity, which annuity shall be equal to one percent 152
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(1%) of the average compensation for each year of creditable 153
service. In the case of the retirement of any member who has 154
attained the age of * * * sixty (60) but has not completed at 155
least thirty (30) years of creditable service, the total annual 156
retirement allowance specified in this subsection (g) shall be 157
reduced by an actuarial equivalent factor for each year of 158
creditable service below thirty (30) years or the number of years 159
in age that the member is below age sixty-five (65), whichever is 160
less. 161
(h) No member, except members excluded by the Age 162
Discrimination in Employment Act Amendments of 1986 (Public Law 163
99-592), under either Article 1 or Article 3 in state service 164
shall be required to retire because of age. 165
(i) No payment on account of any benefit granted under the 166
provisions of this section shall become effective or begin to 167
accrue until January 1, 1953. 168
(j) (1) A retiree or beneficiary may, on a form prescribed 169
by and filed with the retirement system, irrevocably waive all or 170
a portion of any benefits from the retirement system to which the 171
retiree or beneficiary is entitled. The waiver shall be binding 172
on the heirs and assigns of any retiree or beneficiary and the 173
same must agree to forever hold harmless the Public Employees' 174
Retirement System of Mississippi from any claim to the waived 175
retirement benefits. 176
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(2) Any waiver under this subsection shall apply only 177
to the person executing the waiver. A beneficiary shall be 178
entitled to benefits according to the option selected by the 179
member at the time of retirement. However, a beneficiary may, at 180
the option of the beneficiary, execute a waiver of benefits under 181
this subsection. 182
(3) The retirement system shall retain in the annuity 183
reserve account amounts that are not used to pay benefits because 184
of a waiver executed under this subsection. 185
(4) The board of trustees may provide rules and 186
regulations for the administration of waivers under this 187
subsection. 188
SECTION 2. Section 25-11-114, Mississippi Code of 1972, is 189
amended as follows: 190
25-11-114. (1) The applicable benefits provided in 191
subsections (2) and (3) of this section shall be paid to eligible 192
beneficiaries of any member who became a member of the system 193
before July 1, 2007, and has completed four (4) or more years of 194
membership service, or who became a member of the system on or 195
after July 1, 2007, and has completed eight (8) or more years of 196
membership service, and who dies before retirement and who has not 197
filed a Pre-Retirement Optional Retirement Form as provided in 198
Section 25-11-111. 199
(2) (a) The surviving spouse of a member who dies before 200
retirement shall receive a monthly benefit computed in accordance 201
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with paragraph (d) of this subsection (2) as if the member had 202
nominated his spouse as beneficiary if: 203
(i) The member completed the requisite minimum 204
number of years of membership service to qualify for a retirement 205
allowance at age sixty (60) * * *; 206
(ii) The spouse has been married to the member for 207
not less than one (1) year preceding the death of the member; 208
(iii) The member has not exercised any other 209
option. 210
(b) If, at the time of the member's death, there are no 211
dependent children, and the surviving spouse, who otherwise would 212
receive the annuity under this subsection (2), has filed with the 213
system a signed written waiver of his or her rights to the annuity 214
and that waiver was in effect at the time of the member's death, a 215
lump-sum distribution of the deceased member's accumulated 216
contributions shall be refunded in accordance with Section 217
25-11-117. 218
(c) The spouse annuity shall begin on the first day of 219
the month following the date of the member's death, but in case of 220
late filing, retroactive payments will be made for a period of not 221
more than one (1) year. 222
(d) The spouse of a member who is eligible to receive a 223
monthly benefit under paragraph (a) of this subsection (2) shall 224
receive a benefit for life equal to the higher of the following: 225
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(i) The greater of twenty percent (20%) of the 226
deceased member's average compensation as defined in Section 227
25-11-103 at the time of death or Fifty Dollars ($50.00) monthly; 228
or 229
(ii) Benefits calculated under Option 2 of Section 230
25-11-115. The method of calculating the retirement benefits 231
shall be on the same basis as provided in Section 25-11-111(d), 232
(e) or (g), as applicable. However, if the member dies before 233
being qualified for a full, unreduced retirement allowance, then 234
the benefits shall be reduced by an actuarially determined 235
percentage or factor based on the lesser of either the number of 236
years of service credit or the number of years in age required to 237
qualify for a full, unreduced retirement allowance in Section 238
25-11-111(d), (e) or (g), as applicable. 239
(e) The surviving spouse of a deceased member who 240
previously received spouse retirement benefits under paragraph 241
(d)(i) of this subsection from and after July 1, 1992, and whose 242
benefits were terminated before July 1, 2004, because of 243
remarriage, may again receive the retirement benefits authorized 244
under paragraph (d)(i) of this subsection by making application 245
with the board to reinstate those benefits. Any reinstatement of 246
the benefits shall be prospective only and shall begin after the 247
first of the month following the date of the application for 248
reinstatement, but no earlier than July 1, 2004. From and after 249
July 1, 2010, any spouse who chose Option 2 from and after July 1, 250
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1992, but before July 1, 2004, where the benefit, although payable 251
for life, was less than the benefit available under the 252
calculation in paragraph (d)(i) of this subsection shall have his 253
or her benefit increased to the amount which provides the greater 254
benefit. 255
(3) (a) Subject to the maximum limitation provided in this 256
paragraph, the member's dependent children each shall receive an 257
annuity of the greater of ten percent (10%) of the member's 258
average compensation as defined in Section 25-11-103 at the time 259
of the death of the member or Fifty Dollars ($50.00) monthly; 260
however, if there are more than three (3) dependent children, each 261
dependent child shall receive an equal share of a total annuity 262
equal to thirty percent (30%) of the member's average 263
compensation, provided that the total annuity shall not be less 264
than One Hundred Fifty Dollars ($150.00) per month for all 265
children. 266
(b) A child shall be considered to be a dependent child 267
until marriage, or the attainment of age nineteen (19), whichever 268
comes first; however, this age limitation shall be extended beyond 269
age nineteen (19), but in no event beyond the attainment of age 270
twenty-three (23), as long as the child is a student regularly 271
pursuing a full-time course of resident study or training in an 272
accredited high school, trade school, technical or vocational 273
institute, junior or community college, college, university or 274
comparable recognized educational institution duly licensed by a 275
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state. A student child who is receiving a retirement allowance as 276
of June 30, 2016, whose birthday falls during the school year 277
(September 1 through June 30) is considered not to reach age 278
twenty-three (23) until the July 1 following the actual 279
twenty-third birthday. A full-time course of resident study or 280
training means a day or evening noncorrespondence course that 281
includes school attendance at the rate of at least thirty-six (36) 282
weeks per academic year or other applicable period with a subject 283
load sufficient, if successfully completed, to attain the 284
educational or training objective within the period generally 285
accepted as minimum for completion, by a full-time day student, of 286
the academic or training program concerned. Any child who is 287
physically or mentally incompetent, as adjudged by either a 288
Mississippi court of competent jurisdiction or by the board, shall 289
receive benefits for as long as the incompetency exists. 290
(c) If there are more than three (3) dependent 291
children, upon a child's ceasing to be a dependent child, his 292
annuity shall terminate and there shall be a redetermination of 293
the amounts payable to any remaining dependent children. 294
(d) Annuities payable under this subsection (3) shall 295
begin the first day of the month following the date of the 296
member's death or in case of late filing, retroactive payments 297
will be made for a period of not more than one (1) year. Those 298
benefits may be paid to a surviving parent or the lawful custodian 299
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of a dependent child for the use and benefit of the child without 300
the necessity of appointment as guardian. 301
(4) (a) Death benefits in the line of duty. Regardless of 302
the number of years of the member's creditable service, the spouse 303
and/or the dependent children of an active member who is killed or 304
dies as a direct result of a physical injury sustained from an 305
accident or a traumatic event caused by external violence or 306
physical force occurring in the line of performance of duty shall 307
qualify, on approval of the board, for a retirement allowance on 308
the first of the month following the date of death, but in the 309
case of late filing, retroactive payments will be made for a 310
period of not more than one (1) year. The spouse shall receive a 311
retirement allowance for life equal to one-half (1/2) of the 312
average compensation as defined in Section 25-11-103. In addition 313
to the retirement allowance for the spouse, or if there is no 314
surviving spouse, the member's dependent child shall receive a 315
retirement allowance in the amount of one-fourth (1/4) of the 316
member's average compensation as defined in Section 25-11-103; 317
however, if there are two (2) or more dependent children, each 318
dependent child shall receive an equal share of a total annuity 319
equal to one-half (1/2) of the member's average compensation. If 320
there are more than two (2) dependent children, upon a child's 321
ceasing to be a dependent child, his annuity shall terminate and 322
there shall be a redetermination of the amounts payable to any 323
remaining dependent children. Those benefits shall cease to be 324
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paid for the support and maintenance of each child upon the child 325
attaining the age of nineteen (19) years; however, the spouse 326
shall continue to be eligible for the aforesaid retirement 327
allowance. Those benefits may be paid to a surviving parent or 328
lawful custodian of the children for the use and benefit of the 329
children without the necessity of appointment as guardian. Any 330
spouse who received spouse retirement benefits under this 331
paragraph (a) from and after April 4, 1984, and whose benefits 332
were terminated before July 1, 2004, because of remarriage, may 333
again receive the retirement benefits authorized under this 334
paragraph (a) by making application with the board to reinstate 335
those benefits. Any reinstatement of the benefits shall be 336
prospective only and shall begin after the first of the month 337
following the date of the application for reinstatement, but not 338
earlier than July 1, 2004. 339
(b) A child shall be considered to be a dependent child 340
until marriage, or the attainment of age nineteen (19), whichever 341
comes first; however, this age limitation shall be extended beyond 342
age nineteen (19), but in no event beyond the attainment of age 343
twenty-three (23), as long as the child is a student regularly 344
pursuing a full-time course of resident study or training in an 345
accredited high school, trade school, technical or vocational 346
institute, junior or community college, college, university or 347
comparable recognized educational institution duly licensed by a 348
state. A student child who is receiving a retirement allowance as 349
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of June 30, 2016, whose birthday falls during the school year 350
(September 1 through June 30) is considered not to reach age 351
twenty-three (23) until the July 1 following the actual 352
twenty-third birthday. A full-time course of resident study or 353
training means a day or evening noncorrespondence course that 354
includes school attendance at the rate of at least thirty-six (36) 355
weeks per academic year or other applicable period with a subject 356
load sufficient, if successfully completed, to attain the 357
educational or training objective within the period generally 358
accepted as minimum for completion, by a full-time day student, of 359
the academic or training program concerned. Any child who is 360
physically or mentally incompetent, as adjudged by either a 361
Mississippi court of competent jurisdiction or by the board, shall 362
receive benefits for as long as the incompetency exists. 363
(5) If all the annuities provided for in this section 364
payable on account of the death of a member terminate before there 365
has been paid an aggregate amount equal to the member's 366
accumulated contributions standing to the member's credit in the 367
annuity savings account at the time of the member's death, the 368
difference between the accumulated contributions and the aggregate 369
amount of annuity payments shall be paid to the person that the 370
member has nominated by written designation duly executed and 371
filed with the board. If there is no designated beneficiary 372
surviving at termination of benefits, the difference shall be 373
payable under Section 25-11-117.1(1). 374
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(6) Regardless of the number of years of creditable service, 375
upon the application of a member or employer, any active member 376
who becomes disabled as a direct result of a physical injury 377
sustained from an accident or traumatic event caused by external 378
violence or physical force occurring in the line of performance of 379
duty, provided that the medical board or other designated 380
governmental agency after a medical examination certifies that the 381
member is mentally or physically incapacitated for the further 382
performance of duty and the incapacity is likely to be permanent, 383
may be retired by the board of trustees on the first of the month 384
following the date of filing the application but in no event shall 385
the retirement allowance begin before the termination of state 386
service. If a member who has been approved for a retirement 387
allowance under this subsection does not terminate state service 388
within ninety (90) days after the approval, the retirement 389
allowance and the application for the allowance shall be void. 390
The retirement allowance shall equal the allowance on disability 391
retirement as provided in Section 25-11-113 but shall not be less 392
than fifty percent (50%) of average compensation. Line of duty 393
disability benefits under this section shall be administered in 394
accordance with the provisions of Section 25-11-113(1)(b), (c), 395
(d), (e) and (f), (3), (4), (5) and (6). 396
(7) For purposes of determining death or disability benefits 397
under this section, the following shall apply: 398
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(a) Death or permanent and total disability resulting 399
from a cardiovascular, pulmonary or musculoskeletal condition that 400
was not a direct result of a physical injury sustained from an 401
accident or a traumatic event caused by external violence or 402
physical force occurring in the performance of duty shall be 403
deemed a natural death or an ordinary disability. 404
(b) A mental disability based exclusively on employment 405
duties occurring on an ongoing basis shall be deemed an ordinary 406
disability. 407
(8) If the deceased or disabled member has less than four 408
(4) years of membership service, the average compensation as 409
defined in Section 25-11-103 shall be the average of all annual 410
earned compensation in state service for the purposes of benefits 411
provided in this section. 412
(9) In case of death or total and permanent disability under 413
subsection (4) or subsection (6) of this section and before the 414
board shall consider any application for a retirement allowance, 415
the employer must certify to the board that the member's death or 416
disability was a direct result of an accident or a traumatic event 417
occurring during and as a result of the performance of the regular 418
and assigned duties of the employee and that the death or 419
disability was not the result of the willful negligence of the 420
employee. 421
(10) The application for the retirement allowance must be 422
filed within one (1) year after death of an active member who is 423
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killed in the line of performance of duty or dies as a direct 424
result of an accident occurring in the line of performance of duty 425
or traumatic event; but the board of trustees may consider an 426
application for disability filed after the one-year period if it 427
can be factually demonstrated to the satisfaction of the board of 428
trustees that the disability is due to the accident and that the 429
filing was not accomplished within the one-year period due to a 430
delayed manifestation of the disability or to circumstances beyond 431
the control of the member. However, in case of late filing, 432
retroactive payments will be made for a period of not more than 433
one (1) year only. 434
(11) (a) Notwithstanding any other section of this article 435
and in lieu of any payments to a designated beneficiary for a 436
refund of contributions under Section 25-11-117, the spouse and/or 437
children shall be eligible for the benefits payable under this 438
section, and the spouse may elect, for both the spouse and/or 439
children, to receive benefits in accordance with either 440
subsections (2) and (3) or subsection (4) of this section; 441
otherwise, the contributions to the credit of the deceased member 442
shall be refunded in accordance with Section 25-11-117. 443
(b) Notwithstanding any other section of this article, 444
a spouse who is entitled to receive a monthly benefit under either 445
subsection (2) or (4) of this section and who is also the named 446
beneficiary for a refund of accumulated contributions in the 447
member's annuity savings account, may, after the death of the 448
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ST: PERS; revise Tier 5 service years for
retirement eligibility from 35 to 30 years.
member, elect to receive a refund of accumulated contributions in 449
lieu of a monthly allowance, provided that there are no dependent 450
children entitled to benefits under subsection (3) of this 451
section. 452
(12) If the member has previously received benefits from the 453
system to which he was not entitled and has not repaid in full all 454
amounts payable by him to the system, the annuity amounts 455
otherwise provided by this section shall be withheld and used to 456
effect repayment until the total of the withholdings repays in 457
full all amounts payable by him to the system. 458
SECTION 3. This act shall take effect and be in force from 459
and after March 1, 2026. 460