27 Miss. Code. R. 210-54-102

Current through October 10, 2024

Section 27-210-54-102 - Definition of Retired Public Safety Officer

"Retired Public Safety officer" means an individual who served and retired from public service by reason of disability or attainment of normal retirement age with a public agency in an official capacity as a law enforcement officer, as a firefighter, as a chaplain, or as a member of a rescue squad or ambulance crew, as those terms are defined in section 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 which is codified in 42 U. S. C. 3796b(8)(A) and as interpreted from time to time by the Department of Justice.

1. The term "official capacity" means an individual who served a public agency in an official capacity only if

a. he was officially authorized, recognized, or designated by such agency as functionally within or part of it; and

b. his acts and omissions, while so serving, were legally those of such agency, which legally recognized them as such.

2. The term "law enforcement officer" means an individual who was involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency), including, but not limited to police, corrections, probations, parole and judicial officers.

a. The term "involved" means an individual who was involved in crime (an act or omission punishable as a criminal misdemeanor or felony) and juvenile delinquency control or reduction, or enforcement of the criminal laws (including juvenile delinquency), only if he was an officer of a public agency and, in that capacity, had legal authority and responsibility to arrest, apprehend, prosecute, adjudicate, correct or detain (in a prison or other detention or confinement facility), or supervise (as a parole or probation officer), persons who were alleged or found to have violated the criminal laws, and was recognized by such agency, or the relevant government to have such authority and responsibility.

b. The term "criminal laws" means that body of law that declares what acts or omissions are crimes and prescribes the punishment that may be imposed for the same.

c. The term "correctional facility" means any place for the confinement or rehabilitation of offenders or individuals charged with or convicted of criminal offenses.

3. The term "firefighter" means an individual who

a. Was trained in (i) suppression of fire; or (ii) hazardous-materials emergency response; and

b. Had the legal authority and responsibility to engage in the suppression of fire, as an employee of the public agency he served, which legally recognized him to have such.

4. The term "chaplain" means a clergyman or other individual trained in pastoral counseling who served as an officially recognized or designated member of a legally organized police or fire department.

5. The term "member of a rescue squad or ambulance crew" means an officially recognized or designated public employee member of a rescue squad or ambulance crew.

6. Examples of positions that appear to be "Public Safety Officers," assuming the above conditions are met:

Police officer (including a member of the Mississippi Highway Safety Patrol)

Firefighter

Chaplain of a police or fire department

Sheriff

Deputy Sheriff

Constable

Regular Member of a rescue squad or ambulance crew

Narcotics Agent

Department of Wildlife, Fisheries & Parks Conservation Officer

Department of Wildlife, Fisheries & Parks Game Warden

Corrections Officer

Parole Officer

Department of Transportation Enforcement Officer

Department of Transportation Weight Enforcement Officer

Forestry Commission Forest Ranger

Gaming Commission Enforcement Agent

Public Service Commission Regulated Carrier Enforcement Officer

State Hospital Security Officer

University Police Officer

Tax Commission ABC Enforcement Agent

Tax Commission Scale Enforcement Officer

Judge whose responsibility it was to adjudicate criminal matters

Attorneys whose responsibility it was to prosecute criminal matters

27 Miss. Code. R. 210-54-102