Hayes v. Public Employees' Retirement System

Summary

The Mississippi Supreme Court affirmed the Public Employees' Retirement System's determination that Leonard Hayes was not eligible for disability retirement benefits until his employment with the City of Jackson terminated on January 30, 2001. The court held that Mississippi Code Section 25-11-139 required actual termination of employment before benefits could be paid and concluded that the agency's decision was supported by substantial evidence and was not arbitrary or capricious.

Holdings

1. Under Mississippi Code section 25-11-139, actual termination of employment is required before disability retirement benefits may be paid, and benefits cannot be paid for a period before the first of the month following receipt of the application or before termination of employment.
2. The evidence supported PERS's determination that Hayes's employment was not severed until his resignation became effective on January 30, 2001; consequently, he was not entitled to disability retirement benefits until February 1, 2001.

Questions Presented

1. Whether Mississippi Code section 25-11-139 required actual termination of employment before disability retirement benefits could be paid.
2. Whether Hayes's employment terminated before January 30, 2001, based on the City's September 21, 1999 certification indicating separation for disability retirement.

Disposition

affirmed