Read the full stored bill text
H. B. No. 536 *HR43/R893* ~ OFFICIAL ~ G1/2
26/HR43/R893
PAGE 1 (OM\KP)
To: Judiciary A;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Remak
HOUSE BILL NO. 536
AN ACT TO AMEND SECTION 45-2-21, MISSISSIPPI CODE OF 1972, TO 1
INCLUDE CERTAIN COUNTY ROAD EMPLOYEES AND MUNICIPAL PUBLIC WORK 2
EMPLOYEES, WHO ARE INJURED WHILE PERFORMING OFFICIAL DUTIES, AS 3
COVERED INDIVIDUALS UNDER THE LAW ENFORCEMENT OFFICERS AND FIRE 4
FIGHTERS DISABILITY BENEFITS TRUST FUND; TO REVISE THE DEFINITION 5
OF "COVERED INDIVIDUAL" UNDER THE FUND; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 45-2-21, Mississippi Code of 1972, is 8
amended as follows: 9
45-2-21. (1) Whenever used in this section, the term: 10
(a) "Covered individual" means a law enforcement 11
officer or firefighter, including volunteer firefighters, county 12
road employees and municipal public works employees as defined in 13
this section while actively engaged in protecting the lives and 14
property of the citizens of this state when employed by an 15
employer as defined in this section; it does not include employees 16
of independent contractors. 17
(b) "Employer" means a state board, commission, 18
department, division, bureau, or agency, or a county, municipality 19
H. B. No. 536 *HR43/R893* ~ OFFICIAL ~
26/HR43/R893
PAGE 2 (OM\KP)
or other political subdivision of the state, which employs, 20
appoints or otherwise engages the services of covered individuals. 21
(c) "Firefighter" means an individual who is trained 22
for the prevention and control of loss of life and property from 23
fire or other emergencies, who is assigned to firefighting 24
activity, and is required to respond to alarms and perform 25
emergency actions at the location of a fire, hazardous materials 26
or other emergency incident. 27
(d) "Law enforcement officer" means any lawfully sworn 28
officer or employee of the state or any political subdivision of 29
the state whose duties require the officer or employee to 30
investigate, pursue, apprehend, arrest, transport or maintain 31
custody of persons who are charged with, suspected of committing, 32
or convicted of a crime. 33
(e) "County road employees" means any individual 34
employed by a county road manager, as set out under Section 35
65-17-1 (9), who actively engages in the performance of the 36
working of and maintenance of roads and bridges. 37
(f) "Municipal public work employees" means any 38
individual who is an employee of a municipal department, which is 39
created pursuant to Section 21-8-23 (1), who actively engages, for 40
such department, in the performance of the working of and 41
maintenance of roads and bridges. 42
(2) (a) The Attorney General's office shall make a monthly 43
disability benefit payment equal to thirty-four percent (34%) of 44
H. B. No. 536 *HR43/R893* ~ OFFICIAL ~
26/HR43/R893
PAGE 3 (OM\KP)
the covered individual's regular base salary at the time of injury 45
when a covered individual, while engaged in the performance of the 46
individual's official duties, is accidentally or intentionally 47
injured in the line of duty as a direct result of a single 48
incident. The benefit shall be payable for the period of time the 49
covered individual is physically unable to perform the duties of 50
the covered individual's employment, not to exceed twelve (12) 51
total payments for any one (1) injury. Chronic or repetitive 52
injury is not covered. Benefits made available under this section 53
shall be in addition to any workers' compensation benefits and 54
shall be limited to the difference between the amount of workers' 55
compensation benefits and the amount of the covered individual's 56
regular base salary. Compensation under this section shall not be 57
awarded where a penal violation committed by the covered 58
individual contributed to the disability or the injury was 59
intentionally self-inflicted. 60
(b) Payments made under this subsection are exempt from 61
the claims and demands of creditors of the covered individual. 62
(3) (a) There is established in the State Treasury a 63
special fund to be known as the Law Enforcement Officers and Fire 64
Fighters Disability Benefits Fund. The fund shall be funded by 65
any funds made available by the Legislature or by donation, 66
contribution, gift or any other source. 67
(b) The State Treasurer shall invest the monies of the 68
fund in any of the investments authorized for the funds of the 69
H. B. No. 536 *HR43/R893* ~ OFFICIAL ~
26/HR43/R893
PAGE 4 (OM\KP)
Public Employees' Retirement System under Section 25-11-121, and 70
those investments shall be subject to the limitations prescribed 71
by Section 25-11-121. 72
(c) Unexpended amounts remaining in the fund at the end 73
of the state fiscal year shall not lapse into the State General 74
Fund, and any income earned on amounts in the fund shall be 75
deposited to the credit of the fund. 76
(4) The Attorney General's office shall be responsible for 77
the management of the fund and the disbursement of disability 78
benefits authorized under this section. The Attorney General 79
shall adopt rules and regulations necessary to implement and 80
standardize the payment of disability benefits under this section, 81
to administer the fund created by this section and to carry out 82
the purposes of this section. The Attorney General's office may 83
expend up to ten percent (10%) of the monies in the fund for the 84
administration and management of the fund and carrying out the 85
purposes of this section. 86
(5) From and after July 1, 2016, the expenses of the Law 87
Enforcement Officers and Fire Fighters Disability Benefits Fund 88
shall be defrayed by appropriation from the State General Fund and 89
all user charges and fees authorized under this section shall be 90
deposited into the State General Fund as authorized by law and as 91
determined by the State Fiscal Officer. 92
(6) From and after July 1, 2016, no state agency shall 93
charge another state agency a fee, assessment, rent or other 94
H. B. No. 536 *HR43/R893* ~ OFFICIAL ~
26/HR43/R893
PAGE 5 (OM\KP)
ST: Law Enforcement Offiers and Fire Fighters
Disability Benefits Trust Fund; expand to
include certain county and municipal road
employees.
charge for services or resources received by authority of this 95
section. 96
SECTION 2. This act shall take effect and be in force from 97
and after July 1, 2026. 98