MS HB156

Creates new sections 25-11-147 and 25-11-321 to allow courts to withhold retirement benefits from elected officials and legislators convicted of felonies involving unlawful taking, obtaining, or misappropriation of public funds committed on or after July 1, 2017.

Requires courts to conduct civil hearings and issue withholding orders; withheld amounts must be repaid within three years maximum and distributed monthly by the Attorney General to the affected government body.

Prevents benefit withholding from beginning until all appeals are exhausted or appeal deadlines expire; the Attorney General must notify the retirement system when this condition is met.

Applies to active members, retired members, and members who have withdrawn from service; withheld benefits apply only to the retirement system covering the elected office where the felony occurred.

Amendments to sections 25-11-120, 25-11-129, and 25-11-319 clarify that withholding is not considered an administrative determination subject to hearing rights, not a garnishment, and not an assignment of benefits.