SOUTHAVEN,MS -- No matter what happens with the criminal investigation into Southaven Mayor Greg Davis, he could be the one receiving checks from the state soon, for his pension.
Unlike in Tennessee, where if you're convicted of a felony you lose your pension, by Mississippi law there's nothing that can take the money away.
"My understanding is his retirement is fine," said Wesley Brown with Southaven's Human Resources.
"That's how a pension is supposed to be, so you'll have it. So you can count on it. The little guy won't have it, but he's not a little guy," said resident Richard Waldrip.
Southaven citizens are increasingly scrutinizing Davis in light of the criminal investigation into how he spent thousands of city dollars. His term is up in 2013; whether or not he serves til the end, the mayor will get his pension.
'I don't think he deserves it," said Robert Davis. "He needs to pay that money back first."
By Mississippi law, nothing can take away an employee's pension. They're eligible after the age 60 or 25 years of service.
"He's on the cusp if not there already," said Brown. "Elected officials are a little different from average employees. For every year they serve, they get time and a half for that. So he's right at the 25 year mark."
So how much will Davis receive?
He makes around $140,000 a year as mayor. His pension is determined by taking an average of his four highest salaries and dividing that number in half.
"It's around $70,000 a year. That's ball park," said Brown.
How much have Davis and Southaven citizens paid into it?
"Employees pay nine percent of their total salary and the city matches that with 12.93 percent," Brown explains.
At his current salary, Davis would have paid $12,600 each year. The taxpayers, more than $18,000.
"I don't think it's fair for him to get his whole pension," said R. Davis. "They need to change the law then. That's all I can say."
On Friday, January 6th, Southaven's Board of Aldermen asked Davis to resign. He has not responded to that request, and legally he doesn't have to respond.
The mayor's lawyer said he's taking up to two months off for health problems.