Mississippi House Bill HB1290

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Retirement; county board attorneys and city attorneys shall be members of PERS regardless of hours/week worked.

Impact

The passage of HB 1290 is expected to enhance the retirement security for county and city attorneys by ensuring they have access to PERS benefits. This move may also influence administrative practices within counties and municipalities as they reassess how they manage legal services and associated compensations for these attorneys. By expanding PERS membership, the state aims to provide better retirement options to public employees, potentially making such positions more attractive.

Summary

House Bill 1290 amends Section 25-11-105 of the Mississippi Code of 1972 to include county board attorneys and city attorneys as mandatory members of the Public Employees' Retirement System (PERS). This amendment stipulates that these attorneys will be part of the retirement system regardless of whether they receive regular periodic compensation or a retainers for their services, and it also does not take into account the number of work hours they perform. This change aims to create consistency in retirement benefits for attorneys employed by governmental entities across Mississippi.

Contention

However, the bill may face contention regarding the implications of membership in PERS for part-time positions. Critics may argue that it is unnecessary to mandate retirement benefits for positions that traditionally have variable hours or retainer-style compensation. Furthermore, the financial impact on PERS funding may also raise discussions about sustainability, especially if a significant number of attorneys opt into the retirement system under the new provisions. Thus, this bill highlights the ongoing dialogue about the balance between adequate benefits for public employees and the state's financial responsibilities.