27 Miss. Code. R. 210-63-108

Current through October 10, 2024
Section 27-210-63-108 - Recovery of the Temporary Benefits

All amounts paid under the temporary benefit provisions will be recovered by PERS. No interest will be charged on the recovery of the temporary benefit when recovered through actuarially reduced disability, service, or survivor retirement benefits.

1.Member Approved for Disability Retirement Benefits

A member approved for disability retirement benefits who previously elected to receive a temporary benefit shall have the disability retirement allowance actuarially reduced to ensure full recovery of any temporary benefit paid.

2.Member Denied Disability Retirement Benefits Who Later Elects to Receive Refund of Remaining Accumulated Contributions

A member who is not approved for disability retirement benefits and who had previously elected to receive a temporary benefit may apply for and receive a refund of the remaining contributions in his or her account. Where a member applies for and receives a refund of his or her accumulated contributions and interest, the member waives and relinquishes all accrued rights to future benefits from PERS or SLRP, as applicable. Any member who subsequently returns to covered employment and who wishes to repay the refund will be responsible for the payment of interest on the full balance of the member's account previously distributed including the portion distributed under the temporary benefit provision.

3.Member Denied Disability Retirement Benefits Who Later Applies for Service Retirement Benefits

A member who has previously elected to receive a temporary benefit and who is not approved for disability retirement benefits may elect to leave the remaining unused contributions in his or her account in anticipation of returning to covered employment or later becoming eligible to apply for service retirement benefits. The member shall have his or her benefit reduced actuarially to recover the total temporary benefit previously paid over his or her life expectancy.

4.Member Denied Disability Retirement Benefits and Later Dies Before Retirement

The spouse and/or dependent children of a member who has previously elected to receive a temporary benefit and who is not approved for disability retirement benefits who dies prior to retirement and having left his or her remaining contributions with PERS or SLRP, as applicable, may be entitled to statutory benefits provided that the deceased member was vested at the time of death. If a deceased member's spouse or dependent children are eligible for survivor benefits, a reduced actuarial equivalent of the normal benefit will be paid to the spouse and/or dependent children to recover the total temporary benefit previously paid.

27 Miss. Code. R. 210-63-108

Adopted effective October 1, 2009; amended effective December 1, 2012