Can a Mississippi school district hire a retired superintendent part-time without messing up his PERS retirement benefits?

Plain-English summary

Senator Hopson, in his role as attorney for the South Delta School District, asked whether (1) the district could hire a school superintendent part-time, and (2) whether a PERS retiree could take that part-time job at half pay without losing retirement benefits.

The AG said yes to both:

1. There is no statutory requirement that a school superintendent work full time. Section 37-9-13 says school districts must have a superintendent and outlines licensing/experience. Section 37-9-14(2)(n) says a superintendent has to "keep his office open for the transaction of business upon the days and during the hours to be designated by the school board." That clause sets the days and hours by board designation, not statutory minimums. Superintendents are not employed using the standard contract form prescribed for assistant superintendents and other licensed personnel (Section 37-9-23), and while licensed personnel must contract for at least 187 days, Section 37-9-24(2) carves out an exception: "Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed."

2. Section 25-11-127(4) allows a PERS retiree to be employed and continue drawing retirement under either (a) a period not exceeding half of the normal working days for the position in any fiscal year and earning no more than half the salary in effect for the position, or (b) a period in any fiscal year sufficient to permit the retiree to earn not more than 25% of the retiree's average compensation. The "normal working days" calculation is set by the employer based on what a full-time position requires.

So a school district can hire a retired superintendent at half-time and half-pay without disrupting PERS benefits, as long as it stays within those statutory ratios.

The AG referred the requester to the Mississippi Board of Education for any board regulations that might apply (the AG cannot opine on agency rules under Section 7-5-25), and to PERS for specific calculations of work hours and salary.

What this means for you

For school boards and superintendents

The opinion holds that "there is no statutory prohibition against a school district employing a superintendent on a part-time basis." It reads § 37-9-14(2)(n) as setting the superintendent's office days and hours by board designation, notes superintendents are not on the standard contract form under § 37-9-23, and relies on the exception in § 37-9-24(2): "Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed."

For retired superintendents drawing PERS

The opinion holds that a superintendent "may collect PERS benefits and be employed by a school district on a part-time basis as long as he or she complies with the requirements of" § 25-11-127. It quotes the two reemployment paths in § 25-11-127(4): either no more than one-half of the position's normal working days at no more than one-half of the salary, or earnings of no more than 25% of the retiree's average compensation; and the rule that, "in the case of employment with multiple employers, the limitation shall equal one-half (½) of the number of days or hours for a single full-time position." For the specific calculation of work hours or salary, the opinion refers the reader to PERS.

On agency rules

The opinion notes it cannot interpret agency regulations under § 7-5-25 and refers the reader to the Mississippi Board of Education for any of its regulations that might apply.

Common questions

Does a school superintendent have to work full time?
No. There is no statutory requirement of full-time service. The board sets the days and hours.

Can a school district contract with a superintendent for less than 187 days?
Yes, if the contract states the exact period of time for which the superintendent is employed. Section 37-9-24(2) provides the exception for licensed personnel.

What are the PERS retiree reemployment caps?
Under Section 25-11-127(4), either (a) half-time work for half pay, or (b) earnings up to 25% of the retiree's average compensation. The retiree (or employer) picks one path.

How is "half-time" calculated?
The employer determines the required number of working days for the position on a full-time basis and the equivalent number of hours. The retiree may work up to half the days or half the hours and receive up to half the salary.

What if a superintendent has multiple part-time roles with different employers?
Section 25-11-127(4) caps total work at half of a single full-time position across employers. You cannot stack two half-time positions without busting the limit.

What if my contract triggers BOE regulations on superintendent qualifications or duties?
The AG cannot interpret agency rules. Contact the Mississippi Board of Education for any rules that might apply.

Background and statutory framework

Section 37-9-13 requires every school district to have a superintendent and outlines licensing and experience qualifications.

Section 37-9-14(2)(n) requires the superintendent to "keep his office open for the transaction of business upon the days and during the hours to be designated by the school board." The board designates the days and hours.

Section 37-9-23 prescribes a standard contract form for "assistant superintendents, principals, and other licensed employees." Superintendents are not on that form; their employment is governed by their contract with the board.

Section 37-9-24(2) requires licensed personnel to be employed for at least 187 days, the equivalent of a full school year. Exception: "Licensed personnel may be employed for less than a full school year if the contract states the exact period of time for which the licensed person is to be employed."

Section 25-11-127(4) governs PERS retiree reemployment:

(a) For a period of time not to exceed one-half (½) of the normal working days for the position in any fiscal year during which the retiree will receive no more than one-half (½) of the salary in effect for the position at the time of employment, or

(b) For a period of time in any fiscal year sufficient in length to permit a retiree to earn not in excess of twenty-five percent (25%) of retiree's average compensation.

The statute also specifies how to determine "normal working days" for a position and that the limit covers all employment with multiple employers.

Section 7-5-25 limits AG opinions to prospective questions of state law and excludes interpretation of agency regulations.

Citations

• Miss. Code Ann. § 25-11-127 (PERS retiree reemployment)
• Miss. Code Ann. § 25-11-127(4) (caps on retiree employment without disrupting benefits)
• Miss. Code Ann. § 37-9-13 (requirement that school districts have a superintendent)
• Miss. Code Ann. § 37-9-14(2)(n) (board designates superintendent's days and hours)
• Miss. Code Ann. § 37-9-23 (standard contract form for licensed personnel; not for superintendents)
• Miss. Code Ann. § 37-9-24(2) (187-day rule and less-than-full-year exception)
• Miss. Code Ann. § 7-5-25 (scope of AG opinions; no agency rule interpretation)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/07/W.-Hopson-July-11-2025-Part-Time-School-Superintendent.pdf

Original opinion text

July 11, 2025
The Honorable W. Briggs Hopson III
Attorney, South Delta School District
1201 Cherry Street
Vicksburg, Mississippi 39183-2919
Re:

Part-Time School Superintendent

Dear Senator Hopson:
The Office of the Attorney General has received your request for an official opinion.
Questions Presented

1. May a school district superintendent be employed on a part-time basis?
2. If the answer to number one is "yes," is there any prohibition against a superintendent, who
   previously retired from the state retirement system and is collecting Public Employees' Retirement
   of Mississippi ("PERS") benefits, receiving half of full pay without affecting his retirement
   benefits?
   Brief Response
3. There is no statutory requirement that a school district superintendent work full time.
4. A school district superintendent may collect PERS benefits and be employed by a school district
   on a part-time basis as long as he or she complies with the requirements of Mississippi Code
   Annotated Section 25-11-127.
   Applicable Law and Discussion
   All public school districts are required to have a superintendent of schools. Miss. Code Ann. § 37-9-13. The superintendent is appointed by the school board and must meet certain licensing and
   experience requirements. Id. The responsibilities and powers of a superintendent include the
   requirement "[t]o keep his office open for the transaction of business upon the days and during the
   hours to be designated by the school board." Miss. Code Ann. § 37-9-14(2)(n). However, there is
   no statutory requirement that a superintendent work full time. Superintendents are not employed
   using the standard contract form prescribed by the Mississippi Board of Education for assistant
   superintendents, principals, and other licensed employees. See Miss. Code Ann. § 37-9-23.
   Additionally, while school districts must contract with licensed personnel for a minimum of 187
   days, there is a general exception to that requirement that states "[l]icensed personnel may be
   employed for less than a full school year if the contract states the exact period of time for which
   the licensed person is to be employed." Miss. Code Ann. § 37-9-24(2); see MS AG Op. Griffin at
   *1 (Feb. 6, 2015) (explaining that 187 days equates to a full school year). Accordingly, it is the
   opinion of this office that there is no statutory prohibition against a school district employing a
   superintendent on a part-time basis. Notably, opinions of this office are limited to prospective
   questions of state law. Miss. Code Ann. § 7-5-25. We do not opine on or interpret agency
   regulations. To the extent that any regulations of the Mississippi Board of Education may apply to
   your situation, we refer you to the Mississippi Board of Education for further guidance.
   With respect to your second question, Section 25-11-127(4) allows someone in the state retirement
   system to be employed and draw retirement either:

(a) For a period of time not to exceed one-half ( ½ ) of the normal working days for
the position in any fiscal year during which the retiree will receive no more than
one-half ( ½ ) of the salary in effect for the position at the time of employment, or

(b) For a period of time in any fiscal year sufficient in length to permit a retiree to
earn not in excess of twenty-five percent (25%) of retiree's average compensation.

Section 25-11-127(4) further provides:

To determine the normal working days for a position under paragraph (a) of this
subsection, the employer shall determine the required number of working days for
the position on a full-time basis and the equivalent number of hours representing
the full-time position. The retiree then may work up to one-half (½) of the required
number of working days or up to one-half (½) of the equivalent number of hours
and receive up to one-half (½) of the salary for the position. In the case of
employment with multiple employers, the limitation shall equal one-half (½) of the
number of days or hours for a single full-time position.

Thus, a superintendent may collect PERS benefits and be employed by a school district on a part-time basis as long as he or she complies with the requirements of Section 25-11-127. For specific
questions regarding how to calculate a superintendent's work hours or salary in accordance with
this statute or any applicable regulations, we refer you to PERS.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General