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To: State Affairs;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Currie
HOUSE BILL NO. 982
AN ACT TO CREATE NEW SECTIONS 25-11-147 AND 25-11-321, 1
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A MEMBER OF THE 2
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OR A MEMBER OF THE 3
SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN IS CONVICTED OF OR ENTERS 4
A PLEA OF GUILTY OR NOLO CONTENDERE IN ANY COURT TO A FELONY IN 5
WHICH PUBLIC FUNDS WERE UNLAWFULLY TAKEN, OBTAINED OR 6
MISAPPROPRIATED IN THE ABUSE OR MISUSE OF THE PERSON'S OFFICE OR 7
EMPLOYMENT THAT IS COMMITTED ON OR AFTER JULY 1, 2026, THE COURT 8
SHALL CONDUCT A HEARING IN A SEPARATE CIVIL PROCEEDING TO 9
DETERMINE IF ALL OF THE CONDITIONS HAVE BEEN MET; TO PROVIDE THAT 10
IF ALL OF THE CONDITIONS HAVE BEEN MET, THE COURT SHALL ISSUE AN 11
ORDER THAT THE MEMBER'S RETIREMENT BENEFITS FROM THE SYSTEM OR 12
PLAN BE SUSPENDED; TO PROVIDE THAT A MEMBER WHO IS CONVICTED OF 13
SUCH A FELONY SHALL NOT HAVE HIS OR HER RETIREMENT BENEFITS FROM 14
THE SYSTEM OR PLAN SUSPENDED UNTIL ALL APPEALS OF THE CONVICTION 15
HAVE BEEN FINALLY CONCLUDED OR THE TIME FOR AN APPEAL FROM THE 16
CONVICTION HAS EXPIRED; TO PROVIDE THAT AFTER RECEIVING THE 17
SUSPENSION ORDER FROM THE COURT, THE SYSTEM SHALL REQUEST THE 18
ATTORNEY GENERAL FOR A DETERMINATION OF WHETHER ALL APPEALS OF THE 19
CONVICTION HAVE BEEN FINALLY CONCLUDED OR THE TIME FOR AN APPEAL 20
FROM THE CONVICTION HAS EXPIRED; TO PROVIDE THAT AFTER THE 21
ATTORNEY GENERAL NOTIFIES THE SYSTEM THAT ALL APPEALS OF THE 22
CONVICTION HAVE BEEN FINALLY CONCLUDED OR THE TIME FOR AN APPEAL 23
FROM THE CONVICTION HAS EXPIRED, THE MEMBER'S RETIREMENT BENEFITS 24
FROM THE SYSTEM OR PLAN SHALL BE SUSPENDED UNTIL THE MEMBER HAS 25
MADE FULL RESTITUTION OF THE PUBLIC FUNDS THAT WERE UNLAWFULLY 26
TAKEN, OBTAINED OR MISAPPROPRIATED IN THE ABUSE OR MISUSE OF THE 27
MEMBER'S OFFICE OR EMPLOYMENT, AS DETERMINED BY THE ATTORNEY 28
GENERAL; TO PROVIDE THAT IF A MEMBER OF THE SYSTEM OR PLAN IS ALSO 29
A MEMBER OF ANOTHER RETIREMENT SYSTEM ADMINISTERED BY THE BOARD OF 30
TRUSTEES OF THE SYSTEM, AND THE FELONY FOR WHICH THE MEMBER WAS 31
CONVICTED OR ENTERED A PLEA OF GUILTY OR NOLO CONTENDERE WAS IN 32
CONNECTION WITH THE MEMBER'S SERVICE THAT IS COVERED BY ONLY ONE 33
OF THE RETIREMENT SYSTEMS, THE MEMBER'S RETIREMENT BENEFITS WILL 34
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BE SUSPENDED ONLY FROM THE RETIREMENT SYSTEM IN WHICH HIS OR HER 35
SERVICE WAS COVERED AT THE TIME THAT HE OR SHE COMMITTED THE 36
FELONY; TO PROVIDE THAT THE SYSTEM MAY CONCLUSIVELY RELY ON A 37
SUSPENSION ORDER FROM THE COURT AND THE NOTICE FROM THE ATTORNEY 38
GENERAL THAT THE REQUIREMENTS OF THIS ACT HAVE BEEN MET IN 39
SUSPENDING A MEMBER'S RETIREMENT BENEFITS FROM THE SYSTEM OR PLAN; 40
TO PROVIDE THAT THE SYSTEM IS NOT LIABLE FOR ANY MISTAKE IN THE 41
PAYMENT OF RETIREMENT BENEFITS TO A MEMBER IN GOOD FAITH RELIANCE 42
ON A SUSPENSION ORDER FROM THE COURT AND THE NOTICE FROM THE 43
ATTORNEY GENERAL; TO PROVIDE THAT ANY AMBIGUITY OR UNCERTAINTY 44
ABOUT WHETHER A MEMBER'S RETIREMENT BENEFITS FROM THE SYSTEM OR 45
PLAN SHOULD BE SUSPENDED SHALL BE RESOLVED IN FAVOR OF THE MEMBER; 46
TO AMEND SECTIONS 25-11-111, 25-11-120, 25-11-129, 25-11-309 AND 47
25-11-319, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 48
PROVISIONS; AND FOR RELATED PURPOSES. 49
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 50
SECTION 1. The following shall be codified as Section 51
25-11-149, Mississippi Code of 1972: 52
25-11-149. (1) "Felony involving public funds" means a 53
felony in which public funds were unlawfully taken, obtained or 54
misappropriated in the abuse or misuse of the person's office or 55
employment or money coming into the person's hands by virtue of 56
the person's office or employment. 57
(2) A member's receipt of retirement benefits from the 58
Public Employees' Retirement System is conditioned on the member's 59
honest and faithful performance of his or her public duties for 60
the state. A member's conviction of or plea of guilty or nolo 61
contendere to a felony involving public funds is considered to be 62
a breach of the public trust and a breach of the member's contract 63
with the state. 64
(3) (a) If an active member of the system is convicted of 65
or enters a plea of guilty or nolo contendere in any court of this 66
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state to a felony involving public funds that is committed on or 67
after July 1, 2026; or 68
(b) If a retired member of the system who is employed 69
or elected under Section 25-11-127 is convicted of or enters a 70
plea of guilty or nolo contendere in any court of this state to a 71
felony involving public funds that is committed during the 72
member's employment or election under Section 25-11-127 and is 73
committed on or after July 1, 2026; or 74
(c) If a retired member of the system, or a member of 75
the system who has withdrawn from service but is not receiving a 76
retirement allowance from the system, is convicted of or enters a 77
plea of guilty or nolo contendere in any court of this state to a 78
felony involving public funds that was committed while the member 79
was an active employee on or after July 1, 2026, the court shall 80
conduct a hearing in a separate civil proceeding to determine if 81
all of the conditions in this subsection have been met. The court 82
shall provide notice of the hearing to the member and each person 83
who is named as a beneficiary of the member in the records of the 84
system. If, after the hearing, the court determines that all of 85
the conditions in this subsection have been met, the court shall 86
issue an order that the member's retirement benefits from the 87
system be suspended as provided in this section. The court shall 88
send a copy of its suspension order to the system. 89
(4) (a) If an active member of the system is convicted of 90
or enters a plea of guilty or nolo contendere in a court of 91
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another state or a federal court to a crime that would be a felony 92
under the laws of this state if the crime were committed in this 93
state, and that is a felony involving public funds and is 94
committed on or after July 1, 2026; or 95
(b) If a retired member of the system who is employed 96
or elected under Section 25-11-127 is convicted of or enters a 97
plea of guilty or nolo contendere in a court of another state or a 98
federal court to a crime that would be a felony under the laws of 99
this state if the crime were committed in this state, and that is 100
a felony involving public funds that is committed during the 101
member's employment or election under Section 25-11-127 and is 102
committed on or after July 1, 2026; or 103
(c) If a retired member of the system, or a member of 104
the system who has withdrawn from service but is not receiving a 105
retirement allowance from the system, is convicted of or enters a 106
plea of guilty or nolo contendere in a court of another state or a 107
federal court to a crime that would be a felony under the laws of 108
this state if the crime were committed in this state, and that is 109
a felony involving public funds that was committed while the 110
member was an active employee on or after July 1, 2026, the 111
Attorney General of Mississippi shall enter a motion in the 112
circuit court of the county of residence of the member, or in the 113
Circuit Court of the First Judicial District of Hinds County, 114
Mississippi, if the member does not reside in Mississippi, for 115
suspension of the member's retirement benefits from the system as 116
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provided in this section. The court shall conduct a civil hearing 117
to determine if all of the conditions in this subsection have been 118
met. The court shall provide notice of the hearing to the member 119
and each person who is named as a beneficiary of the member in the 120
records of the system. If, after the hearing, the court 121
determines that all of the conditions in this subsection have been 122
met, the court shall issue an order that the member's retirement 123
benefits from the system be suspended as provided in this section. 124
The court shall send a copy of its suspension order to the system. 125
(5) A member who is convicted of a felony involving public 126
funds shall not have his or her retirement benefits from the 127
system suspended until all appeals of the conviction have been 128
finally concluded or the time for an appeal from the conviction 129
has expired. Upon receipt of the suspension order from the court, 130
the system shall request the Attorney General for a determination 131
of whether all appeals of the conviction have been finally 132
concluded or the time for an appeal from the conviction has 133
expired. After the Attorney General notifies the system that all 134
appeals of the conviction have been finally concluded or the time 135
for an appeal from the conviction has expired, the member's 136
retirement benefits from the system shall be suspended as provided 137
in this section. 138
(6) (a) An active member, or a member of the system who has 139
withdrawn from service but is not receiving a retirement allowance 140
from the system, whose retirement benefits from the system have 141
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been suspended shall not receive a retirement allowance or other 142
retirement benefits from the system following the date that the 143
system receives the notice from the Attorney General until the 144
member has made full restitution of the public funds that were 145
unlawfully taken, obtained or misappropriated in the abuse or 146
misuse of the member's office or employment, as determined by the 147
Attorney General. 148
(b) A retired member whose retirement benefits from the 149
system have been suspended shall have his or her retirement 150
allowance suspended beginning on the first day of the month 151
following the date that the system receives the notice from the 152
Attorney General, and the member shall not receive any additional 153
retirement benefits from the system after that date until the 154
member has made full restitution of the public funds that were 155
unlawfully taken, obtained or misappropriated in the abuse or 156
misuse of the member's office or employment, as determined by the 157
Attorney General. 158
(c) When a member's retirement benefits in the system 159
have been suspended under this section, the member shall forfeit 160
all of the retirement benefits that the member otherwise would 161
have been entitled to receive during the period that the benefits 162
are suspended. 163
(7) If a member of the system is also a member of another 164
retirement system administered by the Board of Trustees of the 165
Public Employees' Retirement System, and the felony involving 166
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public funds for which the member was convicted or entered a plea 167
of guilty or nolo contendere was in connection with the member's 168
employment or election that is covered by only one (1) of the 169
retirement systems, the member's retirement benefits will be 170
suspended only from the retirement system in which his or her 171
employment or election was covered at the time that he or she 172
committed the felony. In the case of a retired member who is 173
employed or elected under Section 25-11-127, the member's 174
retirement benefits will be suspended only from the retirement 175
system in which his or her employment or election would have been 176
covered if the member had been an active member in the same 177
employment or office at the time that he or she committed the 178
felony. 179
(8) The system may conclusively rely on a suspension order 180
from the court and the notice from the Attorney General that the 181
requirements of this section have been met in suspending a 182
member's retirement benefits from the system under this section. 183
The system is not liable for any mistake in the payment of 184
retirement benefits to a member in good faith reliance on a 185
suspension order from the court and the notice from the Attorney 186
General, and a member who receives any such mistaken payments 187
shall not be liable to repay those benefits to the system. 188
(9) A member's retirement benefits from the system shall not 189
be suspended unless there is a specific provision in this section 190
applicable to the member's situation that requires the suspension 191
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of the member's retirement benefits from the system. Any 192
ambiguity or uncertainty about whether a member's retirement 193
benefits from the system should be suspended shall be resolved in 194
favor of the member. 195
SECTION 2. The following shall be codified as Section 196
25-11-321, Mississippi Code of 1972: 197
25-11-321. (1) "Felony involving public funds" means a 198
felony in which public funds were unlawfully taken, obtained or 199
misappropriated in the abuse or misuse of the person's office or 200
money coming into the person's hands by virtue of the person's 201
office. 202
(2) A member's receipt of retirement benefits from the 203
Supplemental Legislative Retirement Plan is conditioned on the 204
member's honest and faithful performance of his or her public 205
duties for the State Legislature or as President of the Senate. A 206
member's conviction of or plea of guilty or nolo contendere to a 207
felony involving public funds is considered to be a breach of the 208
public trust and a breach of the member's contract with the state. 209
(3) (a) If an active member of the plan is convicted of or 210
enters a plea of guilty or nolo contendere in any court of this 211
state to a felony involving public funds that is committed on or 212
after July 1, 2026; or 213
(b) If a retired member of the plan, or a member of the 214
plan who is not serving in the State Legislature or as President 215
of the Senate but is not receiving a retirement allowance from the 216
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plan, is convicted of or enters a plea of guilty or nolo 217
contendere in any court of this state to a felony involving public 218
funds that was committed while the member was serving in the State 219
Legislature or as President of the Senate on or after July 1, 220
2026, the court shall conduct a hearing in a separate civil 221
proceeding to determine if all of the conditions in this 222
subsection have been met. The court shall provide notice of the 223
hearing to the member and each person who is named as a 224
beneficiary of the member in the records of the system. If, after 225
the hearing, the court determines that all of the conditions in 226
this subsection have been met, the court shall issue an order that 227
the member's retirement benefits from the plan be suspended as 228
provided in this section. The court shall send a copy of its 229
suspension order to the system. 230
(4) (a) If an active member of the plan is convicted of or 231
enters a plea of guilty or nolo contendere in a court of another 232
state or a federal court to a crime that would be a felony under 233
the laws of this state if the crime were committed in this state, 234
and that is a felony involving public funds and is committed on or 235
after July 1, 2026; or 236
(b) If a retired member of the plan, or a member of the 237
plan who is not serving in the State Legislature or as President 238
of the Senate but is not receiving a retirement allowance from the 239
plan, is convicted of or enters a plea of guilty or nolo 240
contendere in a court of another state or a federal court to a 241
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crime that would be a felony under the laws of this state if the 242
crime were committed in this state, and that is a felony involving 243
public funds that was committed while the member was serving in 244
the State Legislature or as President of the Senate on or after 245
July 1, 2026, the Attorney General of Mississippi shall enter a 246
motion in the circuit court of the county of residence of the 247
member, or in the Circuit Court of the First Judicial District of 248
Hinds County, Mississippi, if the member does not reside in 249
Mississippi, for suspension of the member's retirement benefits 250
from the plan as provided in this section. The court shall 251
conduct a civil hearing to determine if all of the conditions in 252
this subsection have been met. The court shall provide notice of 253
the hearing to the member and each person who is named as a 254
beneficiary of the member in the records of the system. If, after 255
the hearing, the court determines that all of the conditions in 256
this subsection have been met, the court shall issue an order that 257
the member's retirement benefits from the plan be suspended as 258
provided in this section. The court shall send a copy of its 259
suspension order to the system. 260
(5) A member who is convicted of a felony involving public 261
funds shall not have his or her retirement benefits from the plan 262
suspended until all appeals of the conviction have been finally 263
concluded or the time for an appeal from the conviction has 264
expired. Upon receipt of the suspension order from the court, the 265
system shall request the Attorney General for a determination of 266
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whether all appeals of the conviction have been finally concluded 267
or the time for an appeal from the conviction has expired. After 268
the Attorney General notifies the system that all appeals of the 269
conviction have been finally concluded or the time for an appeal 270
from the conviction has expired, the member's retirement benefits 271
from the plan shall be suspended as provided in this section. 272
(6) (a) A member of the plan who is serving in the State 273
Legislature or as President of the Senate, or a member of the plan 274
who is not serving in the State Legislature or as President of the 275
Senate but is not receiving a retirement allowance from the plan, 276
whose retirement benefits from the plan have been suspended shall 277
not receive a retirement allowance or other retirement benefits 278
from the plan following the date that the system receives the 279
notice from the Attorney General until the member has made full 280
restitution of the public funds that were unlawfully taken, 281
obtained or misappropriated in the abuse or misuse of the member's 282
office or employment, as determined by the Attorney General. 283
(b) A retired member of the plan whose retirement 284
benefits from the plan have been suspended shall have his or her 285
retirement allowance suspended beginning on the first day of the 286
month following the date that the system receives the notice from 287
the Attorney General, and the member shall not receive any 288
additional retirement benefits from the plan after that date until 289
the member has made full restitution of the public funds that were 290
unlawfully taken, obtained or misappropriated in the abuse or 291
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misuse of the member's office or employment, as determined by the 292
Attorney General. 293
(c) When a member's retirement benefits in the plan 294
have been suspended under this section, the member shall forfeit 295
all of the retirement benefits that the member otherwise would 296
have been entitled to receive during the period that the benefits 297
are suspended. 298
(7) If an active member of the plan, or a member of the plan 299
who is not serving in the State Legislature or as President of the 300
Senate but is not receiving a retirement allowance from the plan, 301
has his or her retirement benefits from the plan suspended under 302
this section, the member also will have his or her retirement 303
benefits from the Public Employees' Retirement System suspended. 304
If a retired member of the plan is an active or retired member of 305
the Public Employees' Retirement System, or a member of the system 306
who has withdrawn from service but is not receiving a retirement 307
allowance from the system, whose retirement benefits from the 308
system are suspended under Section 25-11-147, the member's 309
retirement benefits from the plan will not be suspended if the 310
felony involving public funds for which the member was convicted 311
or entered a plea of guilty or nolo contendere was not in 312
connection with the member's service with the State Legislature or 313
as President of the Senate. 314
(8) The Public Employees' Retirement System may conclusively 315
rely on a suspension order from the court and the notice from the 316
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Attorney General that the requirements of this section have been 317
met in suspending a member's retirement benefits from the plan 318
under this section. The system is not liable for any mistake in 319
the payment of retirement benefits under the plan to a member in 320
good faith reliance on a suspension order from the court and the 321
notice from the Attorney General, and a member who receives any 322
such mistaken payments shall not be liable to repay those benefits 323
to the plan. 324
(9) A member's retirement benefits from the plan shall not 325
be suspended unless there is a specific provision in this section 326
applicable to the member's situation that requires the suspension 327
of the member's retirement benefits from the plan. Any ambiguity 328
or uncertainty about whether a member's retirement benefits from 329
the plan should be suspended shall be resolved in favor of the 330
member. 331
SECTION 3. Section 25-11-111, Mississippi Code of 1972, is 332
amended as follows: 333
25-11-111. (a) (1) Any member who became a member of the 334
system before July 1, 2007, upon withdrawal from service upon or 335
after attainment of the age of sixty (60) years who has completed 336
at least four (4) years of membership service, or any member who 337
became a member of the system before July 1, 2011, upon withdrawal 338
from service regardless of age who has completed at least 339
twenty-five (25) years of creditable service, shall be entitled to 340
receive a retirement allowance, which shall begin on the first of 341
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the month following the date the member's application for the 342
allowance is received by the board, but in no event before 343
withdrawal from service. 344
(2) Any member who became a member of the system on or 345
after July 1, 2007, but before March 1, 2026, upon withdrawal from 346
service upon or after attainment of the age of sixty (60) years 347
who has completed at least eight (8) years of membership service, 348
or any member who became a member of the system on or after July 349
1, 2011, but before March 1, 2026, upon withdrawal from service 350
regardless of age who has completed at least thirty (30) years of 351
creditable service, shall be entitled to receive a retirement 352
allowance, which shall begin on the first of the month following 353
the date the member's application for the allowance is received by 354
the board, but in no event before withdrawal from service. 355
(3) Any member who became a member of the system on or 356
after March 1, 2026, upon withdrawal from service upon or after 357
attainment of the age of sixty-two (62) years who has completed at 358
least eight (8) years of membership service, or upon withdrawal 359
from service regardless of age who has completed at least 360
thirty-five (35) years of creditable service, shall be entitled to 361
receive a retirement allowance, which shall begin on the first of 362
the month following the date the member's application for the 363
allowance is received by the board, but in no event before 364
withdrawal from service. 365
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(b) (1) Any member who became a member of the system before 366
July 1, 2007, whose withdrawal from service occurs before 367
attaining the age of sixty (60) years who has completed four (4) 368
or more years of membership service and has not received a refund 369
of his accumulated contributions, shall be entitled to receive a 370
retirement allowance, beginning upon his attaining the age of 371
sixty (60) years, of the amount earned and accrued at the date of 372
withdrawal from service. The retirement allowance shall begin on 373
the first of the month following the date the member's application 374
for the allowance is received by the board, but in no event before 375
withdrawal from service. 376
(2) Any member who became a member of the system on or 377
after July 1, 2007, but before March 1, 2026, whose withdrawal 378
from service occurs before attaining the age of sixty (60) years 379
who has completed eight (8) or more years of membership service 380
and has not received a refund of his accumulated contributions, 381
shall be entitled to receive a retirement allowance, beginning 382
upon his attaining the age of sixty (60) years, of the amount 383
earned and accrued at the date of withdrawal from service. The 384
retirement allowance shall begin on the first of the month 385
following the date the member's application for the allowance is 386
received by the board, but in no event before withdrawal from 387
service. 388
(3) Any member who became a member of the system on or 389
after March 1, 2026, whose withdrawal from service occurs before 390
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attaining the age of sixty-two (62) years who has completed eight 391
(8) or more years of membership service and has not received a 392
refund of his accumulated contributions, shall be entitled to 393
receive a retirement allowance, beginning upon his attaining the 394
age of sixty-two (62) years, of the amount earned and accrued at 395
the date of withdrawal from service. The retirement allowance 396
shall begin on the first of the month following the date the 397
member's application for the allowance is received by the board, 398
but in no event before withdrawal from service. 399
(c) Any member in service who has qualified for retirement 400
benefits may select any optional method of settlement of 401
retirement benefits by notifying the Executive Director of the 402
Board of Trustees of the Public Employees' Retirement System in 403
writing, on a form prescribed by the board, of the option he has 404
selected and by naming the beneficiary of the option and 405
furnishing necessary proof of age. The option, once selected, may 406
be changed at any time before actual retirement or death, but upon 407
the death or retirement of the member, the optional settlement 408
shall be placed in effect upon proper notification to the 409
executive director. 410
(d) Any member who became a member of the system before July 411
1, 2011, shall be entitled to an annual retirement allowance which 412
shall consist of: 413
(1) A member's annuity, which shall be the actuarial 414
equivalent of the accumulated contributions of the member at the 415
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time of retirement computed according to the actuarial table in 416
use by the system; and 417
(2) An employer's annuity, which, together with the 418
member's annuity provided above, shall be equal to two percent 419
(2%) of the average compensation for each year of service up to 420
and including twenty-five (25) years of creditable service, and 421
two and one-half percent (2-1/2%) of the average compensation for 422
each year of service exceeding twenty-five (25) years of 423
creditable service. 424
(3) Any retired member or beneficiary thereof who was 425
eligible to receive a retirement allowance before July 1, 1991, 426
and who is still receiving a retirement allowance on July 1, 1992, 427
shall receive an increase in the annual retirement allowance of 428
the retired member equal to one-eighth of one percent (1/8 of 1%) 429
of the average compensation for each year of state service in 430
excess of twenty-five (25) years of membership service up to and 431
including thirty (30) years. The maximum increase shall be 432
five-eighths of one percent (5/8 of 1%). In no case shall a 433
member who has been retired before July 1, 1987, receive less than 434
Ten Dollars ($10.00) per month for each year of creditable service 435
and proportionately for each quarter year thereof. Persons 436
retired on or after July 1, 1987, shall receive at least Ten 437
Dollars ($10.00) per month for each year of service and 438
proportionately for each quarter year thereof reduced for the 439
option selected. However, such Ten Dollars ($10.00) minimum per 440
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month for each year of creditable service shall not apply to a 441
retirement allowance computed under Section 25-11-114 based on a 442
percentage of the member's average compensation. 443
(e) Any member who became a member of the system on or after 444
July 1, 2011, but before March 1, 2026, shall be entitled to an 445
annual retirement allowance which shall consist of: 446
(1) A member's annuity, which shall be the actuarial 447
equivalent of the accumulated contributions of the member at the 448
time of retirement computed according to the actuarial table in 449
use by the system; and 450
(2) An employer's annuity, which, together with the 451
member's annuity provided above, shall be equal to two percent 452
(2%) of the average compensation for each year of service up to 453
and including thirty (30) years of creditable service, and two and 454
one-half percent (2-1/2%) of average compensation for each year of 455
service exceeding thirty (30) years of creditable service. 456
(f) Any member who became a member of the system on or after 457
July 1, 2011, but before March 1, 2026, upon withdrawal from 458
service upon or after attaining the age of sixty (60) years who 459
has completed at least eight (8) years of membership service, or 460
any such member upon withdrawal from service regardless of age who 461
has completed at least thirty (30) years of creditable service, 462
shall be entitled to receive a retirement allowance computed in 463
accordance with the formula set forth in subsection (e) of this 464
section. In the case of the retirement of any member who has 465
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attained age sixty (60) but who has not completed at least thirty 466
(30) years of creditable service, the retirement allowance shall 467
be computed in accordance with the formula set forth in subsection 468
(e) of this section except that the total annual retirement 469
allowance shall be reduced by an actuarial equivalent factor for 470
each year of creditable service below thirty (30) years or the 471
number of years in age that the member is below age sixty-five 472
(65), whichever is less. 473
(g) Any member who became a member of the system on or after 474
March 1, 2026, upon withdrawal from service upon or after 475
attainment of the age of sixty-five (65) years who has completed 476
at least eight (8) years of membership service, or upon withdrawal 477
from service at the age of sixty-two (62) who has completed at 478
least thirty (30) years of creditable service, or upon withdrawal 479
from service regardless of age who has completed at least 480
thirty-five (35) years of creditable service, shall be entitled to 481
an annual retirement allowance which shall consist of a member's 482
annuity, which annuity shall be equal to one percent (1%) of the 483
average compensation for each year of creditable service. In the 484
case of the retirement of any member who has attained the age of 485
sixty-two (62) but has not completed at least thirty (30) years of 486
creditable service, the total annual retirement allowance 487
specified in this subsection (g) shall be reduced by an actuarial 488
equivalent factor for each year of creditable service below thirty 489
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(30) years or the number of years in age that the member is below 490
age sixty-five (65), whichever is less. 491
(h) No member, except members excluded by the Age 492
Discrimination in Employment Act Amendments of 1986 (Public Law 493
99-592), under either Article 1 or Article 3 in state service 494
shall be required to retire because of age. 495
(i) No payment on account of any benefit granted under the 496
provisions of this section shall become effective or begin to 497
accrue until January 1, 1953. 498
(j) (1) A retiree or beneficiary may, on a form prescribed 499
by and filed with the retirement system, irrevocably waive all or 500
a portion of any benefits from the retirement system to which the 501
retiree or beneficiary is entitled. The waiver shall be binding 502
on the heirs and assigns of any retiree or beneficiary and the 503
same must agree to forever hold harmless the Public Employees' 504
Retirement System of Mississippi from any claim to the waived 505
retirement benefits. 506
(2) Any waiver under this subsection shall apply only 507
to the person executing the waiver. A beneficiary shall be 508
entitled to benefits according to the option selected by the 509
member at the time of retirement. However, a beneficiary may, at 510
the option of the beneficiary, execute a waiver of benefits under 511
this subsection. 512
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(3) The retirement system shall retain in the annuity 513
reserve account amounts that are not used to pay benefits because 514
of a waiver executed under this subsection. 515
(4) The board of trustees may provide rules and 516
regulations for the administration of waivers under this 517
subsection. 518
(k) A member whose retirement benefits from the system have 519
been suspended under Section 25-11-149 shall not be eligible to 520
receive a retirement allowance under this section during the 521
entire period of the suspension of the benefits. 522
SECTION 4. Section 25-11-120, Mississippi Code of 1972, is 523
amended as follows: 524
25-11-120. (1) Any individual aggrieved by an 525
administrative determination, including a determination of the 526
medical board, relating to the eligibility for or payment of 527
benefits, or the calculation of creditable service or other 528
similar matters relating to the Public Employees' Retirement 529
System or any other retirement system or program administered by 530
the board, may request a hearing before a hearing officer 531
designated by the board. Such hearings shall be conducted in 532
accordance with rules and regulations adopted by the board and 533
formal rules of evidence shall not apply. The hearing officer is 534
authorized to administer oaths, hear testimony of witnesses and 535
receive documentary and other evidence. In case of disability 536
appeals, the hearing officer shall have the authority to defer a 537
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decision in order to request a medical evaluation or test or 538
additional existing medical records not previously furnished by 539
the claimant. After the hearing and the receipt of any additional 540
medical evidence requested by the hearing officer, the hearing 541
officer shall certify the record to the board, which shall include 542
the hearing officer's proposed statement of facts, conclusions of 543
law and recommendation. The record may include a taped recording 544
of the proceedings of the hearing in lieu of a transcribed copy of 545
the proceedings. The board shall receive the record and make its 546
determination based solely on matters contained therein. 547
(2) Any individual aggrieved by the determination of the 548
board may appeal to the Circuit Court of the First Judicial 549
District of Hinds County, Mississippi, in accordance with the 550
Uniform Circuit Court Rules governing appeals to the circuit court 551
in civil cases. Such appeal shall be made solely on the record 552
before the board and this procedure shall be the exclusive method 553
of appealing determinations of the board. 554
(3) The board is authorized to appoint a committee of the 555
board to serve as hearing officer or to employ or contract with 556
qualified personnel to perform the duties of hearing officer and 557
court reporter as may be necessary for conducting, recording and 558
transcribing such hearings. The board may assess and collect fees 559
to offset costs related to such hearings. Those fees shall be 560
deposited to the credit of the Public Employees' Retirement 561
System. 562
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(4) Interest shall not be paid on any benefits, including, 563
but not limited to, benefits that are delayed as a result of an 564
administrative determination or an appeal from an administrative 565
determination. 566
(5) The suspension of a member's retirement benefits from 567
the Public Employees' Retirement System under Section 25-11-149 or 568
from the Supplemental Legislative Retirement Plan under Section 569
25-11-321 shall not be considered an administrative determination 570
for which a hearing may be requested or held under this section. 571
SECTION 5. Section 25-11-129, Mississippi Code of 1972, is 572
amended as follows: 573
25-11-129. (1) The right of a person to an annuity, a 574
retirement allowance or benefit, or to the return of 575
contributions, or to any optional benefit or any other right 576
accrued or accruing to any person under the provisions of Articles 577
1 and 3, the system and the monies in the system created by * * * 578
those articles, are * * * exempt from any state, county or 579
municipal ad valorem taxes, income taxes, premium taxes, privilege 580
taxes, property taxes, sales and use taxes or other taxes not so 581
named, notwithstanding any other provision of law to the contrary, 582
and exempt from levy and sale, garnishment, attachment or any 583
other process whatsoever, and shall be unassignable except as 584
specifically otherwise provided in this article and except as 585
otherwise provided in subsection (2) of this section. The 586
suspension of a member's retirement benefits from the system under 587
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Section 25-11-149 is not an attachment or assignment of the 588
member's retirement benefits for the purposes of this section. 589
(2) Any retired member or beneficiary receiving a retirement 590
allowance or benefit under this article may authorize the system 591
to make deductions from the retirement allowance or benefit for 592
the payment of employer or system sponsored group life or health 593
insurance. The deductions authorized under this subsection shall 594
be subject to rules and regulations adopted by the board. 595
SECTION 6. Section 25-11-309, Mississippi Code of 1972, is 596
amended as follows: 597
25-11-309. (1) The retirement allowance from the 598
Supplemental Legislative Retirement Plan shall consist of fifty 599
percent (50%) of an amount equal to the retirement allowance 600
determined by creditable service as an elected Senator or 601
Representative of the State Legislature or as President of the 602
Senate payable by the Public Employees' Retirement System in 603
accordance with Section 25-11-101 et seq. 604
(2) The percentage of the retirement allowance as provided 605
in this section shall be transferred from the annuity savings 606
account of the member and the employer accumulation account in the 607
Supplemental Legislative Retirement Plan to the retirement account 608
of the member in the Public Employees' Retirement System as 609
provided. 610
(3) (a) Notwithstanding any provisions of this section or 611
this title to the contrary, the maximum annual retirement 612
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allowance attributable to the employer contributions payable under 613
the Supplemental Legislative Retirement Plan to a member shall be 614
subject to the limitations set forth in Section 415 of the 615
Internal Revenue Code and any regulations issued thereunder 616
applicable to governmental plans as the term is defined under 617
Section 414(d) of the Internal Revenue Code. 618
(b) The board is authorized to provide by rule or 619
regulation for the payment of benefits as provided under this 620
chapter to members or beneficiaries of the Supplemental 621
Legislative Retirement System at a time and under circumstances 622
not otherwise provided for in this chapter to the extent that the 623
payment is required to maintain the Supplemental Legislative 624
Retirement System as a qualified retirement plan for purposes of 625
federal income tax laws. 626
(4) (a) A retiree or beneficiary may, on a form prescribed 627
by and filed with the Executive Director of the Public Employees' 628
Retirement System, irrevocably waive all or a portion of any 629
benefits from the plan to which the retiree or beneficiary is 630
entitled under this article. The waiver shall be binding on the 631
heirs and assigns of any retiree or beneficiary and the same must 632
agree to forever hold harmless the plan and the Public Employees' 633
Retirement System from any claim to the waived retirement 634
benefits. 635
(b) Any waiver under this subsection shall apply only 636
to the person executing the waiver. A beneficiary shall be 637
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entitled to benefits according to the option selected by the 638
member at the time of retirement; however, a beneficiary may 639
execute a waiver of benefits under this subsection. 640
(c) The plan shall retain all amounts that are not used 641
to pay benefits because of a waiver executed under this 642
subsection. 643
(d) The Board of Trustees of the Public Employees' 644
Retirement System may provide rules and regulations for the 645
administration of waivers under * * * this subsection. 646
(5) A member whose retirement benefits from the plan have 647
been suspended under Section 25-11-321 shall not be eligible to 648
receive a retirement allowance under this section during the 649
entire period of the suspension of the benefits. 650
SECTION 7. Section 25-11-319, Mississippi Code of 1972, is 651
amended as follows: 652
25-11-319. (1) The right of a person to an annuity, a 653
retirement allowance or benefit, or to the return of 654
contributions, or to any optional benefit or any other right 655
accrued or accruing to any person under the provisions of the 656
Supplemental Legislative Retirement Plan, and the monies in the 657
plan created by this article, are exempt from any state or 658
municipal tax, and exempt from levy and sale, garnishment, 659
attachment or any other process whatsoever, and shall be 660
unassignable except as specifically otherwise provided in this 661
article. The suspension of a member's retirement benefits from 662
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ST: Retirement; PERS and SLRP members convicted
of certain felonies shall have benefits
suspended until full restitution is made.
the plan under Section 25-11-321 is not an attachment or 663
assignment of the member's retirement benefits for the purposes of 664
this section. 665
(2) Any retired member or beneficiary receiving a retirement 666
allowance or benefit under this article may authorize the system 667
to make deductions from the retirement allowance or benefit for 668
the payment of employer or system sponsored group life or health 669
insurance. The deductions authorized under this subsection shall 670
be subject to rules and regulations adopted by the board. 671
SECTION 8. This act shall take effect and be in force from 672
and after July 1, 2026. 673