Senate Bill 2615

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 25-15-3 AND 25-9-120, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS TO AUTHORIZE CONTRACT PERSONNEL EMPLOYED BY THE STATE OR OTHER GOVERNMENT ENTITIES TO PURCHASE THE BASE PLAN OF THE STATE AND SCHOOL EMPLOYEES' HEALTH INSURANCE PLAN IF SUCH PERSON PAYS THE FULL PRICE OF SUCH PLAN WITHOUT CONTRIBUTION FROM THEIR EMPLOYER; TO REQUIRE SUCH GOVERNMENT ENTITIES TO OFFER THIS TO ANY CONTRACT PERSONNEL WHO WORK AT LEAST THIRTY HOURS IN A SEVEN DAY PERIOD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-15-3, Mississippi Code of 1972, is amended as follows:

25-15-3. For the purposes of this article, the words and phrases used herein shall have the following meanings:

(a) "Employee" means a person who works full time for the State of Mississippi and receives his compensation in a direct payment from a department, agency or institution of the state government and any person who works full time for any school district, community/junior college, public library or university-based program authorized under Section 37-23-31 for deaf, aphasic and emotionally disturbed children or any regular nonstudent bus driver. This shall include legislators, employees of the legislative branch and the judicial branch of the state and "employees" shall include full-time salaried judges and full-time district attorneys and their staff and full-time compulsory school attendance officers. For the purposes of this article, any "employee" making contributions to the State of Mississippi retirement plan shall be considered a full-time employee. For purposes of this article, "employee" shall not mean contract personnel, whether classified as contract workers or independent contractors.

(b) "Department" means the Department of Finance and Administration.

(d) "Fund" means the State and School Employees Insurance Fund set up under this article.

(e) "Retiree" means any employee retired under the Mississippi retirement plan.

(f) "Board" means the State and School Employees Health Insurance Management Board created under Section 25-15-303.

SECTION 2. Section 25-9-120, Mississippi Code of 1972, is amended as follows:

25-9-120. (1) Contract personnel, whether classified as contract workers or independent contractors shall not be deemed state service or nonstate service employees of the State of Mississippi, and shall not be eligible to participate in the Public Employees' Retirement System, * * * nor be allowed credit for personal and sick leave and other leave benefits as employees of the State of Mississippi, notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151; 25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23 and for the purpose set forth herein. Contract workers, i.e., contract personnel who do not meet the criteria of independent contractors, shall be subject to the provisions of Section 25-11-127. Contract personnel for any department, agency or institution of the state government, any school district, community/junior college, public library or university-based program, whether classified as contract workers or independent contractors, may purchase the base plan of the State and School Employees' Health Insurance Plan provided that such person pays the full price of such plan without contribution from their employer. Such government entities shall offer the base plan to any such personnel who work at least thirty (30) hours in a seven (7) day period.

(2) The Personal Service Contract Review Board is abolished. The Public Procurement Review Board shall be the Personal Service Contract Review Board and shall retain all powers and duties granted by law to the Personal Service Contract Review Board. All equipment, inventories, records, personnel, resources and other property, real or personal, tangible or intangible, of the Personal Service Contract Review Board shall be transferred to the Public Procurement Review Board as provided in Section 27-104-7. The transfer of personnel shall be commensurate with the number and classification of positions (PINS) allocated to the Personal Service Contract Review Board on June 30, 2017. Wherever the terms "Personal Service Contract Review Board" or "board," when referring to the Personal Service Contract Review Board, appear in any law, rule, regulation or document the same shall be construed to mean the Public Procurement Review Board.

SECTION 3. This act shall take effect and be in force from and after July 1, 2023.