Mississippi House Bill HB250

Mississippi 2022 Regular Session

• Introduced: 1/4/22
• Refer: 1/4/22
• Failed: 2/1/22

Caption

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

Impact

The bill specifically affects how retirement benefits are handled when an elected official is convicted of a felony related to their office. It ensures that if an elected official is found guilty, their benefits can be suspended pending the outcome of any appeals. This aims to provide a mechanism for accountability in instances of financial misconduct while holding elected officials responsible for their actions. Hence, the state seeks to protect public funds and instill greater trust in government positions.

Summary

House Bill 250 introduces significant amendments to the Mississippi Code, particularly in relation to the retirement benefits of elected officials. The bill aims to create new sections regarding the suspension of retirement benefits for members of the Public Employees' Retirement System and the Supplemental Legislative Retirement Plan who are convicted of felonies involving the unlawful taking, obtaining, or misappropriation of public funds. It establishes a clear legal process whereby the court must conduct a civil hearing to determine if the conditions under which benefits can be suspended have been fulfilled.

Contention

One of the notable points of contention surrounding HB 250 is its implications for fairness and due process. Opponents may argue that the bill might presuppose guilt through the suspension of benefits before all appeals are exhausted. The proposed bill states that benefits will only be suspended after the conclusion of appeals, which provides some measure of protection for the individuals included in this process. However, concerns remain regarding the stringent nature of financial restitution and the circumstances under which the Attorney General's input becomes imperative in determining the suspension of benefits. The balance between public accountability and the rights of elected officials remains a key issue for legislators and constituents alike.