AN ACT TO CREATE NEW SECTION 25-11-126.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT 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 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 IN ADDITION TO RECEIVING THE REGULAR COMPENSATION FOR MEMBERS OF THE LEGISLATURE; TO PROVIDE THAT THOSE PERSONS SHALL NOT BE ACTIVE MEMBERS OF THE RETIREMENT SYSTEM 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 SECTION 25-11-105, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; TO AMEND SECTION 25-11-127, MISSISSIPPI CODE OF 1972, TO REQUIRE THOSE PERSONS TO PAY THE FULL AMOUNT OF THE EMPLOYEE'S CONTRIBUTIONS ON THE AMOUNT OF COMPENSATION RECEIVED FOR SERVING AS A MEMBER OF THE LEGISLATURE; TO PROVIDE THAT THOSE PERSONS WILL NOT RECEIVE ANY ADDITIONAL CREDITABLE SERVICE IN THE RETIREMENT SYSTEM AS A RESULT OF THE PAYMENT OF THE EMPLOYEE'S CONTRIBUTION; AND FOR RELATED PURPOSES.
Impact
By allowing retirees to collect both their pension and legislative pay, SB2905 could alter the landscape of legislative representation in Mississippi. This change may encourage more retired public employees to run for office, potentially bringing experienced individuals back into public service. However, this could also lead to concerns regarding the implications on PERS funding and whether allowing retirees to double-dip into pension and legislative salaries aligns with the principles of state retirement systems. The measure is scheduled to take effect on July 1, 2026, indicating a future change in how retirement allowances are perceived in relation to state legislative service.
Summary
Senate Bill 2905 aims to amend the Mississippi Code to allow individuals already receiving a retirement allowance from the Public Employees' Retirement System (PERS) to continue receiving their allowance while also serving as members of the Legislature. This bill introduces a new section, 25-11-126.1, which outlines the rights of retired individuals who are elected to the Legislature. Notably, these retirees will still receive their retirement allowance in addition to normal compensation for legislative service without being classified as active members of the retirement system during their legislative tenure.
Contention
Potential points of contention surrounding SB2905 may arise from concerns that it sets a precedent for pension manipulation, where retired employees effectively gain additional taxpayer funding through dual compensation. Additionally, there may be arguments about fairness and equity in the treatment of newer legislators who do not have retirement benefits versus those who can access both retirement pay and salary as a form of double compensation. As the bill effectively alters how pension eligibility and earnings are distributed among legislators, debates will likely focus on its long-term sustainability and impact on public perception of the integrity of legislative pay structures.
PERS; conduct study on feasibility of allowing all retired teachers to continue to work as a teacher in any school district and receive retirement allowance.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.