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[W] Public Employees' Retirement System v. Howard2/7/2002
ed either regular or line-of-duty disability benefits, it would be repugnant to the statute to award the benefits retroactively. The circuit court awarded disability status to Howard retroactively to January of 1997. However, the statute reads in pertinent part:
Any retirement allowance or other annuity or benefit provided by Articles 1 and 3 shall be paid in equal monthly installments . . . and no benefits shall be paid for any period prior to the first of the month following receipt of such application for such benefits, but in no event prior to termination of employment . . .. Miss. Code Ann. ยง 25-11-139 (1999).
According to the index, Article 3 includes Sections 25-11-101 through 25-11-141. Section 25-11-113(1)(a) reads, "may be retired . . . on the first of the month following the date of filing such application on a disability retirement allowance, but in no event shall the disability retirement allowance commence before termination of state service . . . ." Section 25-11-114(6) reads similarly.
. The statute also clearly says, "no benefits shall be paid for any period prior to the first of the month following receipt of such application . . . ." "Shall" is mandatory and places no discretion in PERS or the circuit court to circumvent the clear mandate of the statute. Therefore, even if Howard had been eligible for disability benefits, those benefits could not have been paid retroactively.
CONCLUSION
. In reversing PERS's denial of disability to Marcia Howard, the circuit court impermissibly reweighed the facts and substituted its judgment for that of the administrative agency. Although contradictory evidence was presented, it was the sole province of PERS, not the circuit court, to determine which evidence to believe and which evidence should be given greater weight. PERS disclosed the reasons upon which its decision is based, thus allowing this Court to conduct informed judicial review. PERS's decision to deny benefits was supported by substantial evidence and, thus, was not arbitrary or capricious.
. We reverse and render the judgment of the Hinds County Circuit Court and reinstate the October 26, 1999, PERS order denying disability benefits to Marcia F. Howard.
. REVERSED AND RENDERED.
PITTMAN, C.J., SMITH, P.J., WALLER, DIAZ AND CARLSON, JJ., CONCUR. McRAE, P.J., CONCURS IN RESULT ONLY. EASLEY AND GRAVES, JJ., DISSENT WITHOUT SEPARATE WRITTEN OPINION.
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