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MS HB341

Bill

Status

Failed

2/23/2016

Primary Sponsor

Bill Kinkade

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • Creates suspension procedures for retirement benefits of members convicted of felonies involving unlawful taking, obtaining, or misappropriation of public funds committed on or after July 1, 2016, across three retirement systems: Public Employees' Retirement System, Supplemental Legislative Retirement Plan, and Mississippi Highway Safety Patrol Retirement System.

  • Requires courts to conduct civil hearings to determine if suspension conditions are met and issue suspension orders; benefits remain suspended until all appeals are concluded or appeal deadline expires, then until member makes full restitution as determined by the Attorney General.

  • Applies to active members, retired members performing post-retirement employment, and members who previously withdrew from service, whether convicted in Mississippi or other jurisdictions for crimes that would constitute felonies under Mississippi law.

  • Provides that if a member belongs to multiple retirement systems, benefits are suspended only from the system covering employment where the felony was committed; clarifies suspension is not an assignment or attachment of benefits and systems are not liable for good-faith payment errors.

  • Specifies that any ambiguity about whether benefits should be suspended is resolved in favor of the member, and suspensions cannot be appealed through normal administrative hearing procedures.

Legislative Description

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

Last Action

Died In Committee

2/23/2016

Committee Referrals

Revenue and Expenditure General Bills2/8/2016

Full Bill Text

No bill text available