HB 1295 Summary

• Creates Section 25-11-126 allowing persons already receiving Public Employees' Retirement System (PERS) retirement benefits who are elected to the Legislature after retirement to continue receiving those benefits while serving, provided retirement occurred at least 90 days before taking office.

• Allows current Legislature members eligible for PERS retirement (meeting age/service requirements without triggering prohibited in-service distributions) to begin receiving retirement benefits while continuing to serve without withdrawing from office.

• Persons receiving retirement while serving as legislators must choose between two compensation options: (a) 50% of legislative session compensation if serving no more than half the normal working days per fiscal year, or (b) up to 25% of average compensation with no time restrictions.

• Persons receiving retirement while serving as legislators are excluded from being active PERS members or the Supplemental Legislative Retirement Plan and receive no additional creditable service during this period.

• Amendments to Sections 25-11-105, 25-11-127, 25-11-305, 5-1-41, and 5-1-47 conform existing law to these new provisions; effective July 1, 2022.