MSPB identifies employees of State agencies as either State Service employees or Non-State Service employees. The Legislature has defined by statute those employees that are considered Non-State Service employees. See Mississippi Code Annotated § 25-9-107(c). Employees of State departments, agencies and institutions who are not listed within that statute are defined as State Service employees.
A State Service employee retains that status upon transfer (intra- and inter-agency), promotion, demotion, or title change as long as he or she remains in a State Service position and does not have a break in service. A break in service is defined as either (1) lump sum payment for accrued personal leave, (2) lapse of one eight-hour work day between employment with the original State Service status agency and the new State Service status agency, or (3) separation of employment.
27 Miss. Code. R. 120-2.1