AN ACT TO CREATE NEW SECTION 25-11-126.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN PERSONS WHO ARE RECEIVING A RETIREMENT ALLOWANCE FROM THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHO ARE ELECTED AS A MEMBER OF THE LEGISLATURE AFTER RETIREMENT, AND CERTAIN MEMBERS OF THE LEGISLATURE WHO ARE ELIGIBLE TO RECEIVE A RETIREMENT ALLOWANCE FROM THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHILE SERVING AS A MEMBER OF THE LEGISLATURE, MAY RECEIVE A RETIREMENT ALLOWANCE FROM THE SYSTEM WHILE SERVING AS A MEMBER OF THE LEGISLATURE; TO PROVIDE THAT THOSE PERSONS SHALL RECEIVE 50% OF THE AMOUNT OF THE COMPENSATION PROVIDED FOR EACH REGULAR SESSION AND EACH EXTRAORDINARY SESSION, PROVIDED THAT THE PERSON SERVES AS A MEMBER OF THE LEGISLATURE FOR A PERIOD OF TIME NOT TO EXCEED ONE-HALF OF THE NORMAL WORKING DAYS FOR THE POSITION IN ANY FISCAL YEAR, OR SHALL RECEIVE COMPENSATION FOR SERVING AS A MEMBER OF THE LEGISLATURE IN AN AMOUNT NOT TO EXCEED 25% OF THE PERSON'S AVERAGE COMPENSATION, WITHOUT ANY LIMITATION ON THE PERIOD OF TIME THAT THE PERSON SERVES AS A MEMBER OF THE LEGISLATURE IN A FISCAL YEAR; TO PROVIDE THAT THOSE PERSONS SHALL NOT BE ACTIVE MEMBERS OF THE RETIREMENT SYSTEM OR THE SUPPLEMENTAL LEGISLATIVE RETIREMENT PLAN AND SHALL NOT RECEIVE ANY CREDITABLE SERVICE FOR THE PERIOD DURING WHICH THEY RECEIVE A RETIREMENT ALLOWANCE WHILE SERVING AS A MEMBER OF THE LEGISLATURE; TO AMEND SECTIONS 25-11-105, 25-11-127, 25-11-305 AND 5-1-41, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
Impact
The passage of HB 1065 is expected to significantly impact the connection between legislative service and retirement benefits. By enabling retired public employees who become legislators to opt for continued retirement allowances, the bill seeks to attract seasoned individuals back into public service. This could enhance legislative experience and wisdom in state governance, tapping into the knowledge and skills of former legislators who are now retired.
Summary
House Bill 1065 aims to amend provisions regarding members of the Mississippi Legislature and their ability to receive a retirement allowance while serving. The bill specifically allows individuals who are already receiving a retirement allowance under the Public Employees' Retirement System (PERS) and are elected to the legislature to continue receiving this allowance, provided they meet certain criteria, such as having retired at least 90 days prior to taking office. This measure seeks to offer flexibility for retired individuals to engage in legislative duties without losing their retirement benefits.
Contention
Notably, discussions around HB 1065 may raise questions regarding the fairness of allowing retired legislators to receive both a salary and a retirement allowance, potentially leading to debates about equity among active members of the legislature and concerns over pension sustainability. Critics may voice concerns that this could discourage new entries into public service if the compensation structure disproportionately favors retired members. Furthermore, the bill specifies conditions regarding the percentage of the salary and compensation that individuals can receive while simultaneously benefiting from a retirement allowance, which may lead to further scrutiny and discussion during legislative sessions.