27 Miss. Code. R. 210-33-101

Current through December 10, 2024
Section 27-210-33-101 - Requirements for reporting maintenance provided by an employer for periods of time before July 1, 2013

In accordance with the provisions of Miss. Code Ann. §§ 25-11-5 and 25-11-103(k) before July 1, 2013, all agencies, departments, institutions, and political subdivisions that were covered under Social Security through the Public Employees' Retirement System of Mississippi (PERS) or that joined PERS for retirement annuity coverage were required to report and the employee and employer to pay contributions on the value of both cash and non-cash maintenance allowed employees in addition to their salaries for periods of time before July 1, 2013.

1. Maximum maintenance reportable from July 1, 2001, to June 30, 2013

From July 1, 2001, to June 30, 2013, the monthly maximum maintenance allowance, which includes the value of employer-provided housing, utilities, and meals, was as follows:

Maximum MonthlyTitle or Position
Maintenance Allowedof Recipient
$ 750.00 Public school personnel
$1,125.00 Presidents of community or junior colleges
$ 750.00 Other personnel of community or junior colleges
$1,125.00 Heads of state institutions
$ 750.00 Other personnel of state institutions
$1,500.00 Presidents or chancellors of universities
$ 750.00 Other personnel of universities

2. Maximum maintenance reportable from July 1, 1992, to June 30, 2001

From July 1, 1992, to June 30, 2001, the maximum monthly maintenance allowed was as follows:

Maximum MonthlyTitle or Position
Maintenance Allowedof Recipient
$ 600.00 Public school personnel
$ 900.00 Presidents of community or junior colleges
$ 600.00 Other personnel of community or junior colleges
$ 900.00 Heads of state institutions
$ 600.00 Other personnel of state institutions
$1,200.00 Presidents or chancellors of universities
$ 600.00 Other personnel of universities

3. Maximum maintenance reportable from July 1, 1984, to June 30, 1992

From July 1, 1984, to June 30, 1992, the maximum monthly maintenance allowed was as follows:

Maximum MonthlyTitle or Position
Maintenance Allowedof Recipient
$ 300.00 Public school personnel
$ 450.00 Presidents of junior colleges
$ 300.00 Other personnel of junior colleges
$ 450.00 Heads of state institutions
$ 300.00 Other personnel of state institutions
$ 600.00 Presidents or chancellors of universities
$ 300.00 Other personnel of universities

4. Maximum maintenance reportable from July 1, 1980, to June 30, 1984

From July 1, 1980, to June 30, 1984, the maximum monthly maintenance allowed was as follows:

Maximum MonthlyTitle or Position
Maintenance Allowedof Recipient
$ 200.00 Public school personnel
$ 300.00 Presidents of junior colleges
$ 200.00 Other personnel of junior colleges
$ 300.00 Heads of state institutions
$ 200.00 Other personnel of state institutions
$ 400.00 Presidents or chancellors of universities
$ 200.00 Other personnel of universities

5. Maximum maintenance reportable from April 1, 1971, to June 30, 1980

From April 1, 1971, to June 30, 1980, the maximum monthly maintenance allowed was as follows:

Maximum MonthlyTitle or Position
Maintenance Allowedof Recipient
$ 100.00 Public school personnel
$ 150.00 Presidents of junior colleges
$ 100.00 Other personnel of junior colleges
$ 150.00 Heads of state institutions
$ 100.00 Other personnel of state institutions
$ 200.00 Presidents or chancellors of senior colleges
$ 100.00 Other personnel of senior colleges

6. Conditions for reporting the value of maintenance
a. Travel and commuting expenses
1. Actual travel expenses that are reimbursed by the employer, including, but not limited to, mileage, lodging, meals, gasoline, airfare, vehicle rental, shall not be reported to PERS as maintenance or as earned compensation.
2. The imputed taxable income reported to the Internal Revenue Service by an employer for an employee's personal or commuting use of a government-provided vehicle shall not be reported to PERS as maintenance or as earned compensation.
3. A cash allowance provided to an employee or official in lieu of a government-provided vehicle shall not be reported to PERS as maintenance or as earned compensation.
b. PERS reserves the right to require that the value of non-cash maintenance provided by the employer before July 1, 2013, such as housing, be certified by an independent source.
c. The value of meals when reported as maintenance for periods of time before July 1, 2013, shall be based on the true value of the meals actually provided to the employee.
7. Liability for improper reporting of maintenance

If the value of maintenance was not reported as required, it is the liability of the employer to make the proper payment of employer contributions and to ensure the proper collection of contributions from each employee for the entire retroactive period if, at any time in the future, it is discovered that there has been an error in reporting of such maintenance.

27 Miss. Code. R. 210-33-101