Retirement; persons convicted of certain felonies shall forfeit benefits from PERS, SLRP and MHSPRS.
Under this bill, a conviction for specified felonies triggers a civil procedure to assess the member's eligibility for retaining their benefits. A hearing will be required to establish whether the conditions for forfeiture have been met. If all conditions are satisfied, the member will be terminated from membership in the retirement system and will lose their benefits, with contributions returned without interest. This change aims to deter public corruption by holding public officials accountable for their actions while in service.
House Bill 1253 aims to establish new regulations regarding the forfeiture of retirement benefits for members of the Public Employees' Retirement System (PERS), the Supplemental Legislative Retirement System (SLRP), and the Mississippi Highway Safety Patrol Retirement System (MHSPRS). The bill stipulates that receipt of retirement benefits is contingent upon the member's honest and faithful performance of their public duties. If a member is convicted of, or pleads guilty to, a felony involving public funds of $50,000 or more, they will be considered to have breached public trust and their contract with the state, thus leading to potential forfeiture of their retirement benefits.
Notably, there’s a legal nuance that protects members from automatic forfeiture until all appeals related to their conviction have concluded. This ensures that individuals are not prematurely penalized before the legal process is fully traversed. Furthermore, it introduces specific definitions and procedures for assessing felony offenses, which may lead to debates regarding how this bill interacts with existing laws and possible concerns about due process for public employees before benefit termination.