Mississippi House Bill HB782

Mississippi 2024 Regular Session

• Introduced: 1/31/24
• Refer: 1/31/24
• Failed: 3/5/24

Caption

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

Summary

House Bill 782 seeks to amend existing Mississippi law concerning the retirement benefits for members of the Public Employees' Retirement System who are elected officials. The primary objective of this bill is to provide a mechanism for suspending retirement benefits if an elected official is convicted of or pleads guilty to a felony involving public funds committed on or after July 1, 2024. Under this legislation, any such felony that results in unlawful taking or misappropriation of public funds will trigger a civil hearing to assess if the conditions for benefit suspension are met. This structured approach aims to ensure accountability among elected officials and to protect the integrity of public funds. Notably, the bill specifies that benefits will only be suspended following the completion of all appeals or after the appointed time for an appeal has expired. This provision balances the need for immediate action against potential wrongful convictions, acknowledging the rights of officials under the legal system. The suspension is determined not only by convictions in Mississippi courts but also includes potential federal and out-of-state felonies that would constitute crimes under Mississippi law. One of the prominent features of HB 782 includes the stipulation that any member whose benefits are suspended must make full restitution of any unlawfully taken public funds before their benefits can be reinstated. This creates a clear direct consequence for misconduct, enhancing the duty to preserve public trust. Furthermore, if a member is part of multiple retirement systems, their benefits will be suspended only from the relevant system associated with their service at the time of the felony, which maintains some degree of distinction in managing retirement benefits across systems. The bill aims to amend several existing sections of the Mississippi Code to align with these new provisions, ensuring a comprehensive legal framework for the suspension of benefits due to criminal misconduct. The overall sentiment surrounding HB 782 reflects a move towards stricter accountability for public officials with regard to financial mismanagement and ethical conduct in office.