MS SB2437

Creates new code section 25-11-106.1 establishing that counties are responsible for employer contributions to the Public Employees' Retirement System (PERS) on direct treasury or county payroll income paid to chancery and circuit clerks.

Chancery and circuit clerks are responsible for employee contributions on direct payroll income and both employee and employer contributions on the proportionate share of income attributable to fees, unless the county elects by board vote to cover employer contributions on fee-based income.

Counties must withhold all payments and fees due to clerks if they fail to make full PERS contributions, and must pay the withheld amounts to PERS until delinquencies are satisfied.

Current and former chancery or circuit clerks must pay delinquent PERS contributions and interest for service before January 1, 2010, by December 31, 2011, or irrevocably forfeit service credit for those periods.

Amends Section 9-1-43 to allow employer PERS contributions paid by clerks to be deducted when determining the maximum $90,000 fee compensation limit for chancery and circuit clerk offices.