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MS HB1088

Bill

Status

Failed

2/3/2015

Primary Sponsor

Bill Kinkade

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Creates new law allowing courts to suspend retirement benefits for members of the Public Employees' Retirement System, Supplemental Legislative Retirement Plan, and Mississippi Highway Safety Patrol Retirement System who are convicted of felonies involving unlawful taking, obtaining, or misappropriation of public funds committed on or after July 1, 2015.

  • Requires court hearings in separate civil proceedings to determine if suspension conditions are met, with notice provided to the member and named beneficiaries; suspension does not take effect until all appeals are exhausted or appeal deadline passes.

  • Suspends retirement benefit payments until the convicted member makes full restitution of the unlawfully taken public funds as determined by the Attorney General; members forfeit all benefits during the suspension period.

  • Applies only to the retirement system covering the employment at the time the felony was committed if a member participates in multiple retirement systems; extends to retired members employed under certain provisions and members who have withdrawn from service.

  • Clarifies that benefit suspensions are not considered administrative determinations subject to hearing procedures and are not attachments or assignments of benefits for tax exemption purposes.

Legislative Description

Retirement; persons convicted of certain felonies shall have benefits suspended until full restitution has been made.

Last Action

Died In Committee

2/3/2015

Committee Referrals

Appropriations1/19/2015

Full Bill Text

No bill text available