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Michigan Compiled Laws - Civil Service and Retirement
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Michigan Laws > Civil Service And Retirement > Michigan Compiled Laws - Civil Service and Retirement
- Short Title; Meanings of Words and Phrases - Mich. Comp. Laws Section 38.1
(1) This act shall be known and may be cited as the "state employees' retirement act". (2) For the purposes of this act, the...
- Definitions; A, B - Mich. Comp. Laws Section 38.1a
(1) "Accumulated contributions" means the sum of all amounts deducted from the compensation of a member and credited to the member's individual account in...
- Definitions; B, C - Mich. Comp. Laws Section 38.1b
(1) "Beneficiary" or "disability beneficiary" means a person other than a retirant who receives a retirement allowance, pension, or other benefit provided by this...
- Definitions; D - Mich. Comp. Laws Section 38.1c
(1) "Deferred member" means a member who is separated from state service for a reason other than retirement or death and who has satisfied...
- Definitions - Mich. Comp. Laws Section 38.1d
(1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means 1 or more of the following: (a) An...
- Definitions; F to I - Mich. Comp. Laws Section 38.1e
(1) "Final average compensation" means the average of those years of highest annual compensation paid to a member during a period of 5 consecutive...
- Definitions; M to O - Mich. Comp. Laws Section 38.1f
(1) "Member" means a state employee included in the membership of the retirement system, as provided for in section 13. (2) "Membership service" means...
- Definitions; P - Mich. Comp. Laws Section 38.1g
(1) "Pay reduction plan A" means the plan available to or required of a member during the fiscal years ending on and after September...
- Definitions; R - Mich. Comp. Laws Section 38.1h
(1) "Regular interest" means a rate or rates per annum, compounded annually, as the retirement board determines. For the purposes of employee refunds, the...
- Definitions; S, T - Mich. Comp. Laws Section 38.1i
(1) "Service" means service rendered to this state by an elected or appointed state official or employee of this state. Credit for service shall...
- State Employees' Retirement System; Creation; Administration by Retirement Board; Rules - Mich. Comp. Laws Section 38.2
(1) A state employees' retirement system is created for the employees of the state of Michigan. (2) Except as otherwise provided in this section,...
- Retirement Board; Appointment and Terms of Members - Mich. Comp. Laws Section 38.3
(1) The retirement board shall consist of 9 members, as follows: (a) The insurance commissioner, the attorney general, the state treasurer, the deputy legislative...
- Retirement Board; Vacancies, Vacation of Office - Mich. Comp. Laws Section 38.4
(a) Any vacancy occurring 90 days or more before the expiration of the term of any employee or retirant member of the retirement board...
- Retirement Board; Oath; Quorum; Conducting Business At Public Meeting; Notice of Meeting; Compensation and Expenses - Mich. Comp. Laws Section 38.5
(a) Each member of the retirement board, created by this act, upon election or appointment, shall take an oath of office which shall be...
- Retirement Board; Officers and Employees - Mich. Comp. Laws Section 38.6
Board chairman--secretary--actuary--medical advisor. The retirement board shall elect from its membership a chairman and a vice chairman, and shall appoint an executive secretary, and...
- Retirement System; Actuarial Valuation of Assets and Liabilities; Investigation of Mortality, Service, and Compensation of Members - Mich. Comp. Laws Section 38.7
The retirement board shall collect and keep in convenient form such data as shall be necessary for an actuarial valuation of the assets and...
- Administrative Board; Investment of Funds, Purchase of Life Insurance or Annuity, Deposits - Mich. Comp. Laws Section 38.8
(a) The members of the retirement board shall be the trustees of the several funds created by this act. The board may invest and...
- State Treasurer as Custodian of Retirement System Funds; Powers and Duties - Mich. Comp. Laws Section 38.9
(1) All bonds or other obligations purchased according to section 8 shall be placed in the hands of the state treasurer, who is hereby...
- Retirement Board Members and Employees; Interest in Investments Prohibited - Mich. Comp. Laws Section 38.10
No employe shall gain from investments. Except as provided herein, no member or employe of the retirement board shall have any interest direct or...
- Employees' Savings Fund, Employer's Accumulation Fund, Annuity Reserve Fund, Pension Reserve Fund, Income Fund, Expense Fund, and Health Insurance Reserve Fund; Creation; Health Advance Funding Subaccount; Description of Funds as Reference to Accounting Records of Retirement System - Mich. Comp. Laws Section 38.11
(1) There is created the employees' savings fund, employer's accumulation fund, annuity reserve fund, pension reserve fund, income fund, expense fund, and health insurance...
- Annual Statement of Retirement Funds in Custody of State Treasurer; Availability of Report and Other Writings to Public; Request for Statement of Credit - Mich. Comp. Laws Section 38.12
(1) The state treasurer shall furnish annually to the retirement board a statement of the amount of the funds in the custody of the...
- Membership in Retirement System - Mich. Comp. Laws Section 38.13
(1) Except as otherwise provided in this act, membership in the retirement system consists of state employees occupying permanent positions in the state civil...
- Blind or Partially Sighted Licensed Vending Stand Operators Deemed Employees; Rights and Benefits; Eligibility; Contribution as Condition to Service Credit; Blindness Not Deemed Retirable Disability; Employer Cost - Mich. Comp. Laws Section 38.13a
Effective January 1, 1973, blind or partially sighted persons licensed as vending stand operators within the controlled programs of the bureau of blind services...
- Credited Service to Include Credit for Service Rendered to Joint Federal - State Commission; Conditions - Mich. Comp. Laws Section 38.13b
A member who retires on or after October 1, 1979 shall have his or her credited service include credit for service rendered by him...
- Information Required of Members by Retirement Board - Mich. Comp. Laws Section 38.14
Information furnished by members. Within 3 months after this act becomes effective, each original member, and within 30 days after his employment, each new...
- Original Members; Prior Service Certification - Mich. Comp. Laws Section 38.15
Subject to such rules and regulations as the retirement board shall adopt, the retirement board shall certify to each original member of the retirement...
- Cessation of Membership; Reemployment - Mich. Comp. Laws Section 38.16
(1) Except as otherwise provided in this act, if a member separates or is separated from state service without leave of absence before becoming...
- Service Credited From State Board of Control for Vocational Education; Conditions - Mich. Comp. Laws Section 38.17
(a) At retirement a member's credited service shall include service rendered by him under the state board of control for vocational education, to the...
- Use of Credited Service Acquired in Employ of Governmental Unit; "governmental Unit of the State" Defined - Mich. Comp. Laws Section 38.17a
(1) If an employee of a department of a governmental unit of the state is transferred to the employ of the state, by reason...
- Credited Service to Include Service Rendered Certain Universities - Mich. Comp. Laws Section 38.17b
A member retired after January 1, 1965 shall have his or her credited service include service rendered by him or her to the university...
- Retirement System Service Credit for Period of Service Under County Department of Social Services; Conditions - Mich. Comp. Laws Section 38.17c
Any member retired on or after January 1, 1975 who is an employee of a county department of social services who was merged and...
- Credited Service to Include Service Rendered to Department of State Police or Its Predecessor Agencies, or to Court of Record; Conditions - Mich. Comp. Laws Section 38.17d
A member who retires after October 8, 1976, at the member's request shall have his or her credited service include service rendered by that...
- Repealed. 1998, Act 205, Eff. Aug. 1, 1998. - Mich. Comp. Laws
- Parental Leave; Purchase of Service Credit - Mich. Comp. Laws Section 38.17g
(1) A member who left or leaves service with the state or who left or leaves service for a reporting unit of the public...
- Full - Time Service as Employee With City, County, Township, or Village of This State; Purchase of Service Credit - Mich. Comp. Laws Section 38.17h
(1) A member may elect to purchase service credit for not more than 5 years of full-time service as an employee with a city,...
- Full - Time Service With Federal Government or as State Employee With Another State; Purchase of Service Credit - Mich. Comp. Laws Section 38.17i
(1) A member may elect to purchase service credit for not more than 5 years of full-time service with the federal government, or as...
- Purchase of Combined Total of More Than 10 Years Prohibited; Purchase of Service Credit in Separate Increments; Future Purchases Not Barred; Refund; Actuarial Cost - Mich. Comp. Laws Section 38.17j
(1) On and after June 23, 1987, a member who is otherwise entitled to purchase service credit under section 17g, 17h, 17i, 17k, 17l,...
- Repealed. 1998, Act 205, Eff. Aug. 1, 1998. - Mich. Comp. Laws
- Purchase of Additional Service Credit by Employee of State Accident Fund, Michigan Biologic Products Institute, or Liquor Control Commission - Mich. Comp. Laws Section 38.17l
(1) An employee of the state accident fund who has 5 or more but less than 10 years of credited service as of the...
- Purchase of Service Credit; Limitation; Refund - Mich. Comp. Laws Section 38.17m
(1) A member may elect to purchase not more than 5 years of service credit less the number of years of service credit purchased...
- City Employee; Transfer or Purchase of Service Credit - Mich. Comp. Laws Section 38.17n
(1) A member may transfer or purchase service credit earned when the member was an employee of a city with a population over 750,000...
- Credit for Military or Federal Service; Credit for Prior Service; Conditions; Computation - Mich. Comp. Laws Section 38.18
(1) A member of the retirement system who, while an employee of this state, was or who is drafted or enlisted into active military...
- Retirement Upon Written Application to Retirement Board; Retirement Without Reduction in Retirement Allowance; Definitions; Layoff Status Because Agency or Inpatient Facility Designated for Closure; Conditions; Certification; Application; Funding Additional Costs; Employees of State Accident Fund, Michigan Biologic Products Institute, or Liquor Control Commission - Mich. Comp. Laws Section 38.19
(1) A member who is 60 years of age or older and has 10 or more years of credited service or a member who...
- Retirement Upon Satisfaction of Certain Requirements; Monthly Retirement Allowance Supplement; Benefits, Salary, or Remuneration Precluding Payment Under Subsection (2); Payment of Sick Leave; Payment by Retirement System; Amount Payable by Principal Departments; Member Considered Retirant; Deposit by Principal Department; Use of Deposits; Exception; Monthly Payment by Michigan Employment Security Commission; Service Credit for Participation in Pay Reduction Plan C; Death of Retirant or Applicant for Retirement - Mich. Comp. Laws Section 38.19a
(1) Notwithstanding section 19, a member who is employed by the state on May 1, 1984 may retire and receive a retirement allowance computed...
- Right to Retire and Receive Retirement Allowance Computed Under Mcl 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments - Mich. Comp. Laws Section 38.19b
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under section 20(1) if the member meets all of the...
- Right to Retire and Receive Retirement Allowance Computed Under Mcl 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments - Mich. Comp. Laws Section 38.19c
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under section 20(1) if the member meets all of the...
- Right to Retire and Receive Retirement Allowance Computed Under Mcl 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments - Mich. Comp. Laws Section 38.19d
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under section 20(1) if the member meets all of the...
- Right to Retire and Receive Retirement Allowance Computed Under Mcl 38.20(1); Application Period; Requirements; Payment for Amounts Entitled to Receive At Retirement - Mich. Comp. Laws Section 38.19e
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under section 20(1) if the member meets all of the...
- Retirement and Receipt of Retirement Allowance; Requirements; Accumulated Sick Leave; Request to Extend Effective Date of Retirement; Calculation; State Contract Prohibited - Mich. Comp. Laws Section 38.19f
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under this section if the member meets all of the...
- Member Meeting Certain Requirements on or Before November 1, 2002; Computation of Retirement Allowance; Payment of Accumulated Sick Leave or Annual Leave; Extension of Effective Date; Participant in Tier 2 - Mich. Comp. Laws Section 38.19g
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under this section if the member meets all of the...
- Payments Not Tax Exempt and Subject to Certain Operations of Law - Mich. Comp. Laws Section 38.19h
Payments made after September 30, 1991, under sections 19b(2), 19c(2), 19d(2), 19e(2), and 19f(3) are not pensions, annuities, retirement allowances, optional benefits, or any...
- Retirement Allowance; Computation; Accumulated Sick Leave; Purchase of Service Credit; Hiring Under Contract; Limitation - Mich. Comp. Laws Section 38.19i
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under this section if the member meets all of the...
- Retirement; Requirements; Accumulated Annual Leave, Sick Leave, and Deferred Leave Hours; Forfeiture; Inclusion in Calculation for Determination of Final Average Compensation; Extension; Request; Retirement Allowance Calculation; "Incentivized Retirement Application Period" Defined - Mich. Comp. Laws Section 38.19j
(1) Notwithstanding section 19, a member may retire and receive a retirement allowance computed under this section if the member meets all of the...
- Computation of Retirement Allowance; Right to Elect Option; Retirement Before Age 65; Death of Retirant; Separation From Service; Department of Mental Health Employee Termination; Recalculation and Payment of Retirement Allowance; Eligibility of State Accident Fund or Michigan Biologic Products Institute Employees to Health Care Benefits and Certain Rights, Privileges, and Benefits - Mich. Comp. Laws Section 38.20
(1) Subject to section 20j, upon his or her retirement, as provided for in section 19, 19a, 19b, 19c, 19d, or 19e, a member...
- Minimum Retirement Allowance - Mich. Comp. Laws Section 38.20a
After July 1, 1968 a retirant or a member who subsequently retires under the provisions of this act and who has completed at least...
- Increase in Monthly Retirement Allowance; Payment - Mich. Comp. Laws Section 38.20b
(1) On July 1, 1972, the monthly retirement allowance payable to a retirant or beneficiary who is on the rolls for June, 1971, is...
- Supplement to Retirement Allowance - Mich. Comp. Laws Section 38.20c
(1) On July 1, 1974, the monthly retirement allowance payable to a retirant or beneficiary who was on the rolls as such for June,...
- Hospitalization, Medical, Dental, and Vision Coverage Insurance Premium; Computation and Allocation of Cost Savings; Payment by Retirement Board; "retirant" Defined - Mich. Comp. Laws Section 38.20d
(1) On and after July 1, 1974, hospitalization and medical coverage insurance premium payable by any retirant or his or her beneficiary and his...
- Supplemental Retirement Allowance; Amount; Payment - Mich. Comp. Laws Section 38.20e
(1) After December 31, 1980, a retirant or beneficiary of a deceased retirant whose effective date of retirement benefit payable was before July 1,...
- Supplement to Retirement Allowance Payable on or After September 30, 1976 - Mich. Comp. Laws Section 38.20f
(1) The monthly retirement allowance payable to a retirant or beneficiary on or after September 30, 1976, who was on the rolls for April...
- Determining Rate of Investment Return on Retirement System Assets and Present Value of Retirement Allowances; Calculation and Reduction of Distribution Income; Crediting Distribution Units to Retirant or Retirement Allowance Beneficiary; Calculation and Payment of Distribution Amount; Effect of Death; Increase in Retirement Allowance; Computation of Cumulative Increase Amount; Supplemental Payment - Mich. Comp. Laws Section 38.20g
(1) After the end of each state fiscal year, the department of management and budget shall determine the rate of investment return earned on...
- Supplemental Payments for Retirants or Retirement Allowance Beneficiaries With Retirement Allowance Effective Date Before October 1, 1986; Future Adjustments - Mich. Comp. Laws Section 38.20h
(1) Effective October 1, 1987, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary whose retirement allowance effective date was before...
- Supplement - Mich. Comp. Laws Section 38.20i
Upon his or her retirement as provided for in section 19j, beginning January 1, 2011, a member shall receive a supplement for 60 months...
- Member Not Making Election Under Mcl 38.50a; Calculation of Retirement Allowance Beginning April 1, 2012; Items of Compensation; Accumulation of Service Credit; Member Making Election Under Mcl 38.50a(1) and Designation Under Mcl 38.50a(2); Calculation of Retirement Allowance; Items of Compensation; Accumulation of Service Credit; Treatment of Member as Tier 1; "Attainment Date" Defined - Mich. Comp. Laws Section 38.20j
(1) Beginning April 1, 2012, the calculation of a retirement allowance under this act for a member who did not make the election under...
- Duty Disability Retirement - Mich. Comp. Laws Section 38.21
(1) Except as may be provided otherwise in sections 33 and 34, a member who becomes totally incapacitated for duty because of a personal...
- Retirement for Disability At Age 60; Service Retirement Allowance; Crediting 10 Years of Service - Mich. Comp. Laws Section 38.22
Upon retirement for disability, as provided in section 21, a member who has attained age 60 shall receive a service retirement allowance as provided...
- Retirement for Disability Before Attaining Age 60; Benefits - Mich. Comp. Laws Section 38.23
(1) Upon retirement for disability as provided in section 21, a member who is less than 60 years old shall receive a disability retirement...
- Non - Duty Disability Retirement - Mich. Comp. Laws Section 38.24
(1) Except as may otherwise be provided in sections 33 and 34, a member who becomes totally incapacitated for duty because of a personal...
- Retirement for Disability - Mich. Comp. Laws Section 38.25
Upon retirement for disability, as provided in section 24, a member shall receive a retirement allowance computed in accordance with section 20(1). The retirement...
- Repealed. 1955, Act 237, Eff. Oct. 24, 1955. - Mich. Comp. Laws
- Death Resulting From Personal Injury or Disease Arising Out of and in Course of State Employment; Survivor Benefits - Mich. Comp. Laws Section 38.27
(1) Except as provided in subsections (3), (4), and (5), if a member dies as a result of a personal injury or disease arising...
- Retirement Allowances Granted Under Mcl 38.27; Adjustment - Mich. Comp. Laws Section 38.27a
(1) Beginning with retirement allowance payments due on or after June 1, 2004, retirement allowances granted under section 27 that began before the effective...
- Withdrawal of Member Before Retirement; Refund of Contributions; Restoration on Re - Employment; Court Administrator - Mich. Comp. Laws Section 38.28
Should a member cease to be an employee before attaining age 60 years, or after attaining such age but before becoming eligible for a...
- Death Before Retirement; Refund of Contributions - Mich. Comp. Laws Section 38.29
Should a member die before his service retirement becomes effective, the accumulated contributions standing to his credit in the employees' savings fund, at the...
- Withholding Refund of Contributions - Mich. Comp. Laws Section 38.30
Board may withhold refunds of contributions. The retirement board may, in its discretion, withhold payment of all or part of a member's contributions for...
- Election of Regular Retirement Allowance or Reduced Retirement Allowance; Payment Options; Designation of Beneficiary; Effect of Beneficiary's Death or Divorce; Request by Nonduty Disability Retirant to Change Elections; Death of Member Before Effective Date of Retirement - Mich. Comp. Laws Section 38.31
(1) Except as provided in subsection (6), before the effective date of retirement, but not after the effective date of retirement, a member or...
- Remarriage of Surviving Spouse - Mich. Comp. Laws Section 38.32
The remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive a retirement allowance described in section 27 or 31(c)....
- Disability Retirant Under Age 60; Medical Examination Required; Reduction of Retirement Allowance on Account of Gainful Employment - Mich. Comp. Laws Section 38.33
(a) The retirement board may, and upon the application of anyone retired pursuant to section 21, 24, or 67a shall, require anyone retired under...
- Disability Retirant; Reinstatement to Service, Service Credits Allowable - Mich. Comp. Laws Section 38.34
A disability retirant who has been or shall be reinstated in active service, as provided in section 33, shall from the date of such...
- Contribution of 3% of Employee Compensation to Funding Account; "Funding Account" Defined; Refund of Amounts Contributed Under Subsection (1) - Mich. Comp. Laws Section 38.35
(1) Beginning with the first pay date after November 1, 2010 and ending no later than the second pay date after the effective date...
- Election Under Mcl 38.50a; Contribution - Mich. Comp. Laws Section 38.35a
(1) Beginning with the first pay date after April 1, 2012 and ending upon the member's termination of employment or attainment date, as applicable...
- Repealed. 1974, Act 216, Imd. Eff. July 19, 1974. - Mich. Comp. Laws
- Annual Level Percent of Payroll Contribution Rate; Determination; Basis; Report; Computation; Amortization of Unfunded Actuarial Accrued Liability; Annual Appropriation to Retirement System; Transfer of Funds; Certification; Difference Between Actual State Contributions and Product of Contribution Rates Times Aggregate Compensations Paid; Submitting Difference Between Estimated and Actual Aggregate Compensation and Estimated and Actual Contribution Rate to Legislature for Appropriation; Interest; Deposit to Health Advance Funding Subaccount - Mich. Comp. Laws Section 38.38
(1) The annual level percent of payroll contribution rate to finance the benefits provided under this act shall be determined by actuarial valuation pursuant...
- Repealed. 1982, Act 316, Imd. Eff. Oct. 18, 1982. - Mich. Comp. Laws
- Reserves for Retirement Allowances; Legislative Determination of Funds From Which Appropriations Made - Mich. Comp. Laws Section 38.39a
In the making of appropriations required under the provisions of sections 38 and 39, the appropriations by the legislature meeting employer's contributions covering employees,...
- Allowances, Benefits, and Other Rights; Exemption From Taxation; Subject to Tax Beginning January 1, 2012; Subject to Public Employee Retirement Benefit Protection Act - Mich. Comp. Laws Section 38.40
(1) Except as otherwise provided in this section, the right of a person to a pension, an annuity, a retirement allowance, and any optional...
- Correction of Errors in Payment of Retirement Allowances - Mich. Comp. Laws Section 38.41
Should any change or error in the records result in any member, retirant or beneficiary receiving from the retirement system more or less than...
- Retirement System Records; Falsification, Penalty - Mich. Comp. Laws Section 38.42
Penalty for false statements. Any person who shall knowingly make any false statements, or shall falsify or permit to be falsified any record or...
- Repealed. 1997, Act 148, Eff. Jan. 30, 1998. - Mich. Comp. Laws
- Rights, Privileges, and Benefits of Vested Employee - Mich. Comp. Laws Section 38.44
(1) An employee of the state accident fund who was vested in the state retirement system on or before the effective date of the...
- Member Employed by State Judicial Council - Mich. Comp. Laws Section 38.44a
(1) An individual who was a member on September 30, 1996 by virtue of his or her employment by the state judicial council shall...
- Definitions - Mich. Comp. Laws Section 38.45
As used in sections 45 to 47: (a) "Covered position" means any of the following: (i) On or after January 1, 1989, a position...
- Retirement or Separation From Employment of Supplemental Member With Supplemental Early Retirement Allowance; Conditions; Determination of Eligibility - Mich. Comp. Laws Section 38.46
(1) A supplemental member may retire with a supplemental early retirement allowance as provided for in section 47 if the supplemental member meets all...
- Temporary Straight Life Supplemental Early Retirement Allowance; Payment; Computation; Electing Optional Form of Payment - Mich. Comp. Laws Section 38.47
(1) Upon retirement as provided in section 46, a supplemental member shall be paid a temporary straight life supplemental early retirement allowance terminating upon...
- Report - Mich. Comp. Laws Section 38.47a
The retirement board shall report to the house and senate appropriations committees not later than June 30, 2003 on the cost of transferring persons...
- Conservation Officers - Mich. Comp. Laws Section 38.48
(1) A member who is a conservation officer may retire under this section if all of the following requirements are met: (a) The member...
- Administration of Retirement System as Qualified Pension Plan Under Internal Revenue Code; Requirements and Benefit Limitations; Qualified Military Service - Mich. Comp. Laws Section 38.49
(1) This section is enacted pursuant to section 401(a) of the internal revenue code, 26 USC 401, that imposes certain administrative requirements and benefit...
- Election to Terminate Participation in Tier 1 and to Participate in Tier 2; Irrevocability; Termination of Employment; Reemployment of Deferred or Former Nonvested Member; Method of Election; Signature of Spouse; Waiver; Election Subject to Eligible Domestic Relations Order Act; Effect of Disqualification Notice From United States Internal Revenue Service; Exception - Mich. Comp. Laws Section 38.50
(1) Except as otherwise provided in subsection (2), the retirement system shall provide an opportunity for each member who is a member on March...
- Election to Continue Receiving Credit for Future Service and Compensation; Designation; Failure to Make Election; Rescission; Reemployment of Former Nonvested Member; "Attainment Date" Defined - Mich. Comp. Laws Section 38.50a
(1) The retirement system shall permit each member who is a member on December 31, 2011 to make an election with the retirement system...
- Transfer of Lump Sum Amount - Mich. Comp. Laws Section 38.51
(1) For a member who elects to terminate membership in Tier 1 under section 50(1), the retirement system shall direct the state treasurer to...
- Calculation of Accrued Cost Savings for Each Fiscal Year - Mich. Comp. Laws Section 38.52
After consulting the retirement system's actuary, the department of management and budget shall calculate for each fiscal year any cost savings that have accrued...
- Meanings of Words and Phrases; Definitions; a to C - Mich. Comp. Laws Section 38.53
(1) For the purposes of this section and sections 54 to 69, the words and phrases defined in this section and sections 54 to...
- Definitions; E to H - Mich. Comp. Laws Section 38.54
(1) "Employer" means this state or, if a qualified participant is not employed by this state but is a participant in Tier 2 by...
- Definitions; P to Y - Mich. Comp. Laws Section 38.55
(1) "Plan document" means the document that contains the provisions and procedures of Tier 2 in conformity with this act and the internal revenue...
- State Treasurer; Powers and Duties - Mich. Comp. Laws Section 38.56
(1) The state treasurer shall administer Tier 2 and shall invest the assets of Tier 2. The state treasurer is the fiduciary and trustee...
- Hearing - Mich. Comp. Laws Section 38.57
(1) A qualified participant, former qualified participant, health benefit dependent, or refund beneficiary may request a hearing on a claim involving his or her...
- Investment of Employer and Employee Contributions and Earnings; Direction by Participant - Mich. Comp. Laws Section 38.58
Each qualified participant, former qualified participant, and refund beneficiary shall direct the investment of the individual's accumulated employer and employee contributions and earnings to...
- Payment of Administrative Expenses - Mich. Comp. Laws Section 38.59
The administrative expenses of Tier 2 shall be paid by the qualified participants, former qualified participants, and refund beneficiaries who have not closed their...
- Other Public Sector Retirement Benefits Plan; Participation - Mich. Comp. Laws Section 38.60
A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer....
- Election by Elected or Appointed Official - Mich. Comp. Laws Section 38.61
An elected or appointed official who is first elected or appointed on or after March 31, 1997 may irrevocably elect not to become a...
- Transfer of Amount; Crediting and Charging Participant Account - Mich. Comp. Laws Section 38.62
(1) The state treasurer shall promptly credit the Tier 2 account of a qualified participant or former qualified participant who makes an election under...
- Contributions by Employer and Participant - Mich. Comp. Laws Section 38.63
(1) This section is subject to the vesting requirements of section 64. (2) A qualified participant's employer shall contribute to the qualified participant's account...
- Tier 2 and Tax - Deferred Accounts; Terms and Conditions - Mich. Comp. Laws Section 38.63a
Tier 2 and tax-deferred accounts are subject to the following terms and conditions: (a) On or before April 1, 2012, the retirement system shall...
- Tier 2; Vesting Requirements - Mich. Comp. Laws Section 38.64
(1) A qualified participant is immediately 100% vested in his or her contributions made to Tier 2 and employer contributions under the banked leave...
- Crediting Years of Service Accrued - Mich. Comp. Laws Section 38.65
A qualified participant who was a member, deferred member, or former nonvested member of Tier 1 shall be credited with the years of service...
- Refund Beneficiary - Mich. Comp. Laws Section 38.66
A qualified participant or former qualified participant may nominate 1 or more individuals as a refund beneficiary by filing written notice of nomination with...
- Distributions of Accumulated Balance - Mich. Comp. Laws Section 38.67
(1) A qualified participant is eligible to receive distribution of his or her accumulated balance in Tier 2 upon becoming a former qualified participant....
- Duty Disability Retirement Allowance; Supplemental Benefit; Health Insurance Coverage; Exception - Mich. Comp. Laws Section 38.67a
(1) Except as otherwise provided in this section or section 33, a qualified participant who becomes totally incapacitated for duty because of a personal...
- Health Insurance Coverage - Mich. Comp. Laws Section 38.68
(1) A former qualified participant may elect health insurance benefits in the manner prescribed in this section if he or she meets both of...
- Appropriation Amount; Purpose; Work Project; Estimated Completion Date - Mich. Comp. Laws Section 38.68a
In addition to the amount appropriated in part 1 of 2001 PA 83 for retirement services, there is appropriated for the fiscal year ending...
- Participant Employed on or After January 1, 2012 or Making Election Under Subsection (5) or (6); Health Insurance Coverage; Contribution to Tax - Deferred Account; Opt - Out; Calculation of Amount Under Subsection (7) and Adjustment Under Subsection (8); Implementation of Subsections (5) to (11); Method; Report - Mich. Comp. Laws Section 38.68b
(1) A qualified participant or former qualified participant who was first employed and entered upon the payroll of his or her employer on or...
- Employment of Retiree Receiving Retirement Allowance; Cessation of Retirement Payment; Applicability; "Employed by This State" Defined; Coordination of Benefits Provision; Exceptions to Subsection (1) - Mich. Comp. Laws Section 38.68c
(1) Except as otherwise provided in this section, a retirant who is receiving a retirement allowance under this act and is employed by this...
- Administration of Changes; Appropriation - Mich. Comp. Laws Section 38.68d
(1) There is appropriated for the fiscal year ending September 30, 2010, $1,600,000.00 to the office of retirement services in the department of technology,...
- Appropriation - Mich. Comp. Laws Section 38.68e
(1) There is appropriated for the fiscal year ending September 30, 2012 $1,900,000.00 to the office of retirement services in the department of technology,...
- Exemptions From Taxation; Subject to Public Employee Retirement Benefit Protection Law; Right of Setoff to Recover Overpayments; Satisfaction of Claims Arising From Embezzlement or Fraud; Correction of Errors in Records and Actions - Mich. Comp. Laws Section 38.69
(1) Distributions from employer contributions made pursuant to section 63(2) and (3) and earnings on those employer contributions, and distributions from employee contributions made...
- "teacher" Defined - Mich. Comp. Laws Section 38.71
(1) The term "teacher" as used in this act means a certificated individual employed for a full school year by any board of education...
- "certificated" Defined - Mich. Comp. Laws Section 38.72
The term "certificated" means holding a valid teaching certificate, as defined by the state board of education. For the purpose of this section, an...
- "controlling Board" Defined - Mich. Comp. Laws Section 38.73
As used in this act, "controlling board" means all boards having the care, management, or control over public school districts and public educational institutions...
- "demote" Defined - Mich. Comp. Laws Section 38.74
The word "demote" means to suspend without pay for 15 or more consecutive days or reduce compensation for a particular school year by more...
- School Year; Definition - Mich. Comp. Laws Section 38.75
The "school year" shall be defined as the legal school year at the time and place where service was rendered. History: 1937, Ex. Sess.,...
- Teachers' Probationary Period; Continuing Tenure - Mich. Comp. Laws Section 38.81
(1) Subject to subsections (2) and (3) and section 3b of this article, a teacher is in a probationary period during his or her...
- Probationary Period - Mich. Comp. Laws Section 38.82
A teacher shall not be required to serve more than 1 probationary period in any 1 school district or institution. History: 1937, Ex. Sess.,...
- Probationary Teacher Rated as Effective or Highly Effective; Displacement - Mich. Comp. Laws Section 38.82a
A probationary teacher who is rated as effective or highly effective on his or her most recent annual year-end performance evaluation under section 1249...
- Controlling Board; Statements of Performance and Notices of Dismissal; Issuance to Probationary Teachers - Mich. Comp. Laws Section 38.83
(1) Before the end of each school year, the controlling board shall provide the probationary teacher with a definite written statement as to whether...
- Teacher in Probationary Period; Individualized Development Plan; Performance Evaluation; Basis - Mich. Comp. Laws Section 38.83a
The controlling board of a probationary teacher's employing school district shall ensure that the teacher is provided with an individualized development plan developed by...
- Successful Completion of Probationary Period; Conditions - Mich. Comp. Laws Section 38.83b
(1) Except as otherwise provided in subsection (2), a teacher shall not be considered to have successfully completed the probationary period unless the teacher...
- Probationary Period; Portions of Act Inapplicable - Mich. Comp. Laws Section 38.84
Articles 4, 5 and 6 shall not apply to any teacher deemed to be in a period of probation.
- Teacher on Continuing Tenure; Program Operated by Consortium of Districts; Teacher Employed in Public School Academy; Adult Education; Contracts of Employment in Other Than Classroom; Salary; Extra Duty for Extra Pay - Mich. Comp. Laws Section 38.91
(1) After the satisfactory completion of the probationary period, a teacher is considered to be on continuing tenure under this act. A teacher on...
- Teacher on Continuing Tenure; Employment by Another Controlling Board - Mich. Comp. Laws Section 38.92
If a teacher on continuing tenure is employed by another controlling board, the teacher is not subject to another probationary period of more than...
- Teacher on Continuing Tenure; Annual Year - End Performance Evaluation; Individualized Development Plan - Mich. Comp. Laws Section 38.93
The controlling board of the school district employing a teacher on continuing tenure shall ensure that the teacher is provided with an annual year-end...
- Teacher on Continuing Tenure; Discharge, Demotion, or Retirement; Continuation of Contracts of Teachers Over Retirement Age - Mich. Comp. Laws Section 38.101
(1) Except as otherwise provided in section 1a of this article, discharge or demotion of a teacher on continuing tenure may be made only...
- Teacher Rights Subject to Mcl 380.1230d and 380.1535a - Mich. Comp. Laws Section 38.101a
The rights of a teacher on continuing tenure under this article are subject to sections 1230d(4) and 1535a(4) and (5) of the revised school...
- Charges Against Teacher; Filing With Controlling Board; Decision to Proceed Upon Charges; Written Statement of Charges and Teacher's Rights - Mich. Comp. Laws Section 38.102
All charges against a teacher shall be made in writing, signed by the person making the charges, and filed with the secretary, clerk, or...
- Suspension of Teacher Pending Certain Conditions; Compensation - Mich. Comp. Laws Section 38.103
(1) On the filing of charges in accordance with this article, the controlling board may suspend the accused teacher from active performance of duty...
- Decision to Proceed Upon Charges; Appeal With Tenure Commission; Filing; Notice; Conduct of Hearing; Dismissal of Appeal or Denial of Discharge or Demotion; Appeal to Court of Appeals - Mich. Comp. Laws Section 38.104
(1) A teacher on continuing tenure may contest the controlling board's decision to proceed upon the charges against the teacher by filing a claim...
- Definitions; Hearing Where Witness Testifies as Alleged Victim of Sexual, Physical, or Psychological Abuse; Use of Dolls or Mannequins; Support Person; Notice; Ruling on Objection; Exclusion of Persons Not Necessary to Proceeding; Section Additional to Other Protections or Procedures - Mich. Comp. Laws Section 38.104a
(1) As used in this section: (a) "Developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA...
- Repealed. 2011, Act 101, Imd. Eff. July 19, 2011. - Mich. Comp. Laws
- Resignation or Leave of Absence; Notice Required - Mich. Comp. Laws Section 38.111
No teacher on continuing tenure shall discontinue his services with any controlling board except by mutual consent, without giving a written notice to said...
- Leave of Absence; Physical or Mental Disability; Reinstatement - Mich. Comp. Laws Section 38.112
(1) Any controlling board upon written request of a teacher may grant leave of absence for a period not to exceed 1 year, subject...
- Appeal to State Tenure Commission; Notice; Hearing - Mich. Comp. Laws Section 38.121
A teacher who has achieved continuing tenure status may appeal to the tenure commission any decision of a controlling board under this act, other...
- State Tenure Commission; Creation, Membership; Superintendent as Ex - Officio Secretary; Legal Advisor - Mich. Comp. Laws Section 38.131
There is hereby created a state tenure commission of 5 members: 2 of whom shall be classroom instructors, 1 a member of a board...
- Tenure Commission; Members, Appointment, Terms, Vacancies - Mich. Comp. Laws Section 38.132
Within 30 days after the effective date of this act, the governor shall appoint the members of the tenure commission for the following terms:...
- Tenure Commission; Geographical Qualifications of Members - Mich. Comp. Laws Section 38.133
Not more than 1 member of the tenure commission shall be appointed from any 1 school district. History: 1937, Ex. Sess., Act 4, Eff....
- Tenure Commission; Qualifications of Teacher Member - Mich. Comp. Laws Section 38.134
Any teacher appointed to the tenure commission after September 1, 1938, must be on continuing tenure. History: 1937, Ex. Sess., Act 4, Eff. Sept....
- Tenure Commission; Membership of Teacher Not to Affect Tenure - Mich. Comp. Laws Section 38.135
Membership on the state tenure commission shall not adversely affect the status of the teacher's tenure with a controlling board. History: 1937, Ex. Sess.,...
- Tenure Commission; Times and Places of Meetings; Conducting Business At Public Meeting; Notice of Meeting - Mich. Comp. Laws Section 38.136
(1) The tenure commission shall meet twice a year at stated times in the city of Lansing, and at other times and in other...
- Tenure Commission; Powers - Mich. Comp. Laws Section 38.137
The tenure commission is hereby vested with such powers as are necessary to carry out and enforce the provisions of this act. History: 1937,...
- Tenure Commission; Compensation and Expenses - Mich. Comp. Laws Section 38.138
The per diem compensation of the state tenure commission and the schedule for reimbursement of expenses shall be established annually by the legislature. History:...
- Tenure Commission; Board of Review for Cases Appealed From Decision of Controlling Board; Location of Records; Availability of Certain Writings to Public - Mich. Comp. Laws Section 38.139
(1) The tenure commission shall act as a board of review for all cases appealed from the decision of a controlling board. All records...
- Tenure Commission; Organizational Meeting, Election of Officers, Rules and Regulations - Mich. Comp. Laws Section 38.140
Within 30 days after the effective date of this act, the tenure commission shall hold a meeting in the city of Lansing for the...
- Repealed. 1965, Act 8, Imd. Eff. Apr. 8, 1965. - Mich. Comp. Laws
- Application of Act - Mich. Comp. Laws Section 38.151
This act shall apply to all school districts of the state. History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948,...
- Repealed. 1964, Act 2, Eff. Aug. 28, 1964. - Mich. Comp. Laws
- Violation of Act; Penalty - Mich. Comp. Laws Section 38.161
Failure of any member of a controlling board to comply with any provisions of this act shall be deemed a violation of the law...
- Teachers; Waiver of Rights in Contracts Prohibited - Mich. Comp. Laws Section 38.172
No teacher may waive any rights and privileges under this act in any contract or agreement made with a controlling board. In the event...
- Effective Date - Mich. Comp. Laws Section 38.191
This act shall take effect and be in force from and after September first, 1937. History: 1937, Ex. Sess., Act 4, Eff. Sept. 1,...
- Repealed - Public School Employees Retirement Act (38.201 - 38.366) - Mich. Comp. Laws
- Wayne State University Employee Retirement System; Definitions - Mich. Comp. Laws Section 38.371
As used in this act: (a) "Board of governors" means the board of governors of Wayne state university. (b) "Board of education" means the...
- Retirement Allowance; Payment Prior to July 1, 1958 - Mich. Comp. Laws Section 38.372
Wayne retirement allowances payable on account of Wayne service terminating prior to July 1, 1958, shall be paid by the retirement system in accordance...
- Retirement Allowance; Payment After July 1, 1958 - Mich. Comp. Laws Section 38.373
Wayne retirement allowances on account of Wayne service not terminated prior to July 1, 1958, shall cease to be the obligation of the retirement...
- Separation of Employees From Detroit School District Employees Retirement System; Actuarial Determination of Credits and Debits of Board of Governors and Retirement Commission - Mich. Comp. Laws Section 38.374
A determination shall be made by the actuary for the legislative retirement system provided in sections 39 and 46 of Act No. 261 of...
- Separation of Employees From Detroit School Retirement System; Payments Required; Transfer of Securities - Mich. Comp. Laws Section 38.375
The payments required by the determination provided for in section 4 shall be made on or before December 31, 1958. Should this determination require...
- Separation of Employees From Detroit School Retirement System; Payment of $1,000,000 by Board of Education to Board of Governors - Mich. Comp. Laws Section 38.376
The board of governors shall accept the proposal of the board of education for the payment by the board of education to the board...
- Optional Retirement Act of 1967; Short Title - Mich. Comp. Laws Section 38.381
This act shall be known and may be cited as the "optional retirement act of 1967".
- Definitions - Mich. Comp. Laws Section 38.382
As used in this act: (a) "Optional retirement program" means a system of retirement benefits established as a part of the plan of compensation...
- Optional Retirement Program; Establishment; Participation of Eligible Employees, Terms and Conditions - Mich. Comp. Laws Section 38.383
An optional retirement program for eligible employees of state supported institutions of higher education is established. A board of control shall make the program...
- Availability of Program to State Supported Institution of Higher Education's Employees - Mich. Comp. Laws Section 38.383a
A state supported institution of higher education that before January 1, 1970 was part of another institution of higher education that had authority under...
- Board of Control; Purchase of Contracts Providing for Optional Program Benefits for Employees - Mich. Comp. Laws Section 38.384
In the administration of the optional retirement program, a board of control shall provide for the purchase of contracts providing retirement and death benefits...
- Optional Retirement Program; Election; Time; Reelection to Retirement System - Mich. Comp. Laws Section 38.385
(1) An eligible employee, as of the date the optional retirement program becomes available and who is a member of the retirement system, may...
- Optional Retirement Program; Participant Deemed Limited Member of Retirement System; Refund of Contributions Upon Termination of Service or Death; Computation of Benefits; Reelection to Retirement System as Bar to Service Credit - Mich. Comp. Laws Section 38.386
(1) An eligible employee electing to participate in the optional retirement program in accordance with section 5(1) is deemed to be a limited member...
- Optional Retirement Program; Amounts to Be Disbursed and Credited to Employee's Benefit - Mich. Comp. Laws Section 38.387
For an eligible employee who has elected in accordance with section 5 to participate in the optional retirement program, the following amounts shall be...
- Federal Social Security Old - Age, Survivors' and Disability Insurance Coverage - Mich. Comp. Laws Section 38.388
An eligible employee electing to participate in the optional retirement program shall have old-age, survivors and disability insurance coverage provided by the federal social...
- County Civil Service System; Purpose of Act - Mich. Comp. Laws Section 38.401
Civil service act; purpose. The purpose of this act is to guarantee to all citizens a fair and equal opportunity for public service; to...
- County Civil Service System; Adoption by Referendum - Mich. Comp. Laws Section 38.402
Upon the adoption of a resolution therefor by a majority vote of the members-elect of the board of supervisors of any county now or...
- Referendum; Time, Notice, Statement of Question - Mich. Comp. Laws Section 38.403
Election; time, notice. At least 3 weeks shall intervene between the adoption of the resolution by the board of supervisors and the time of...
- Referendum; Ballot, Statement of Question - Mich. Comp. Laws Section 38.404
Same; ballots. Ballots shall be prepared and distributed, in the manner required by law, by the same officers prescribed by law for general elections....
- Act to Become Effective Upon Adoption of System - Mich. Comp. Laws Section 38.405
Same; results. If upon the canvass of the votes cast at such election it shall appear that the majority of the electors voting thereon...
- County Civil Service Commission; Creation - Mich. Comp. Laws Section 38.406
Civil service commission. In any county where the county civil service system shall be adopted under the provisions of this act, there shall be...
- Civil Service Commission; Membership, Terms, Vacancies, Eligibility, Quorum, Removal - Mich. Comp. Laws Section 38.407
Same; members, term, eligibility, appointment; vacancies; removal, manner. The board of supervisors shall, at its next regular or special session, after the adoption of...
- Compensation and Expenses of Commissioners - Mich. Comp. Laws Section 38.408
(1) Each commissioner shall receive annual compensation equal to not less than the highest annual compensation received by a civil service commissioner of that...
- Civil Service Commission; Personnel Director, Assistants and Employees; Selection, Compensation; Contracts for Services to Municipalities; Conditions of Employment; Discrimination Prohibited - Mich. Comp. Laws Section 38.409
The commission shall choose by competitive examination a personnel director upon a basis of education, technical knowledge of personnel work and knowledge of county...
- Division of County Civil Service Into Unclassified and Classified Services - Mich. Comp. Laws Section 38.410
The civil service of the county is divided into the unclassified and classified services. (a) The unclassified service includes: (1) Officers elected by popular...
- Civil Service Commission; Meetings; Rules of Procedure; Record of Proceedings; Conducting Business At Public Meeting; Notice of Meeting; Availability of Certain Writings to Public - Mich. Comp. Laws Section 38.411
The commission shall hold meetings regularly, at least once a month. It shall adopt its own rules of procedure and keep a record of...
- Civil Service Commission; Powers and Duties - Mich. Comp. Laws Section 38.412
The powers and duties of the commission shall be as follows: (a) It shall classify all the offices and positions of employment with reference...
- Providing or Possessing Copy of Classified Service Examination or Answers Prohibited; Violation; Penalties; Complaint; Issuance of Arrest Warrant - Mich. Comp. Laws Section 38.412a
(1) A member or employee of a county civil service commission or an officer or employee of a county which has adopted this act,...
- Classified Civil Service; Appointments, Probationary Period, Temporary Appointments; War Veterans - Mich. Comp. Laws Section 38.413
Whenever a position in the competitive classified civil service is to be filled, the appointing authority shall notify the commission of that fact, and...
- Classified Civil Service; Provisional Status Made Regular, Exceptions - Mich. Comp. Laws Section 38.413a
Any county employee in the classified service who has held a provisional appointment or provisional promotion continuously in the same class and agency for...
- Classified Civil Service; Qualifying and Competitive Examinations Required; Exceptions - Mich. Comp. Laws Section 38.414
The classified service shall comprise all employees of the probate court, including the reporters employed thereby, deputy sheriffs, assistant prosecuting attorneys excepting the chief...
- Classified Civil Service; Vacancies, Promotion, Basis - Mich. Comp. Laws Section 38.415
Whenever possible, vacancies shall be filled by promotion. Promotion shall be made from among employees qualified by training and experience to fill the vacancy,...
- Classified Civil Service; Removal, Suspension or Reduction, Procedure; Appeal, Hearing; Findings of Civil Service Commission - Mich. Comp. Laws Section 38.416
Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority, after...
- Civil Service Commission; Annual Report to Board of Supervisors - Mich. Comp. Laws Section 38.417
The commission shall make an annual report to the board of supervisors at its October session each year, or at any other time as...
- Payrolls; Approval by Civil Service Commission - Mich. Comp. Laws Section 38.418
All payrolls shall be approved by the civil service commission, or by its secretary when so authorized by the commission, before payment. History: 1941,...
- Civil Service Employees; Soliciting for Political Purposes Prohibited - Mich. Comp. Laws Section 38.419
Politics, unlawful solicitation. No officer or employee of the county in the classified civil service, shall directly or indirectly make, solicit, or receive, or...
- Civil Service Commission; Powers of Investigation - Mich. Comp. Laws Section 38.420
Commission, investigation powers. The commission, for the purpose of carrying into effect the civil service provisions of this act, shall have power to investigate...
- Civil Service Commission; Authority to Require Medical Examinations - Mich. Comp. Laws Section 38.421
The commission shall have power and authority to call upon the services of county physicians or medical examiners to make such medical examinations as...
- Civil Service Commission; Power to Subpoena Witnesses and Evidence; Noncompliance, Penalty; Enforcement - Mich. Comp. Laws Section 38.422
Subpoena, failure to comply, penalty, fees; circuit court summoning witnesses; perjury. Any person who shall be served with a subpoena to appear and testify,...
- Violations; Penalties - Mich. Comp. Laws Section 38.423
(1) Except as provided in section 12a and subsections (2) and (3), a person who knowingly violates this act, and a person who neglects...
- Classified Civil Service; Discrimination Prohibited - Mich. Comp. Laws Section 38.424
Discrimination prohibited. No person in the classified civil service or seeking admission thereto, shall be appointed, reduced or removed, or in any way favored...
- Civil Service Commission; Offices - Mich. Comp. Laws Section 38.425
Rooms and accommodations. The commission shall be provided with suitable offices, examination rooms, and accommodations for itself and staff, as may be required to...
- Board of Supervisors; Appropriations - Mich. Comp. Laws Section 38.426
Appropriation. The board of supervisors shall provide the necessary appropriations to carry out the provisions of this act. History: 1941, Act 370, Eff. Jan....
- Scope of Act - Mich. Comp. Laws Section 38.427
Scope. All the provisions of this act shall apply to the employees of all boards, commissions and departments of any county in which this...
- Civil Service Commission; Determination of Employee Status on Consolidation of Governmental Units With County Department; Subsequent Change - Mich. Comp. Laws Section 38.428
Any other provisions of this act to the contrary notwithstanding, in the event of the consolidation of functions or departments of another governmental unit...
- Township Civil Service System; Adoption by Referendum - Mich. Comp. Laws Section 38.451
Upon the adoption of a resolution therefor by a majority vote of the members elect of the township board of any township, and the...
- Violation of Mcl 168.1 to 168.992 Applicable to Petitions; Penalties - Mich. Comp. Laws Section 38.451a
A petition under section 1, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954...
- Township Civil Service Commission; Creation - Mich. Comp. Laws Section 38.452
In any township where the township civil service system is adopted, there shall be a civil service commission.
- Township Civil Service Commission; Membership, Terms, Vacancies, Eligibility, Quorum, Removal - Mich. Comp. Laws Section 38.453
The township board, at its next regular or special session after the adoption of this act in any township, shall appoint, by a majority...
- Civil Service Commission; Members, Compensation and Expenses - Mich. Comp. Laws Section 38.454
Each commissioner shall receive $10.00 compensation for each day's service for not to exceed 25 days in any one year, and such necessary traveling...
- Civil Service Commission; Personnel Director, Assistants and Employees; Selection, Compensation; Contracts for Services; Conditions of Employment; Discrimination Prohibited - Mich. Comp. Laws Section 38.455
The commission shall choose by competitive examination a personnel director upon a basis of education, technical knowledge of personnel work, and knowledge of township...
- Civil Service Classification - Mich. Comp. Laws Section 38.456
The civil service of the township is hereby divided into the unclassified and classified services. (a) The unclassified service shall include officers elected by...
- Civil Service Commission; Regular Meetings; Rules of Procedure; Record of Proceedings; Conducting Business At Public Meeting; Notice of Meeting; Availability of Certain Writings to Public - Mich. Comp. Laws Section 38.457
(1) The commission shall hold a regular meeting at least quarterly. The commission shall hold a special meeting at the request of a commissioner....
- Civil Service Commission; Powers and Duties - Mich. Comp. Laws Section 38.458
The commission shall: (a) Classify all the offices and positions of employment within the classified service. The classification shall be subdivided into groups and...
- Classified Civil Service; Appointments, Probationary Period, Temporary Appointments - Mich. Comp. Laws Section 38.459
Whenever a position in the competitive classified civil service is to be filled, the appointing authority shall notify the commission of that fact, and...
- Classified Civil Service; Qualifying and Competitive Examinations Required; Exceptions - Mich. Comp. Laws Section 38.460
All appointive officers and employees of the township or any department thereof at the time this act takes effect, and who have been such...
- Classified Civil Service; Vacancies, Promotion, Basis - Mich. Comp. Laws Section 38.461
Wherever possible, vacancies shall be filled by promotion. Promotion shall be made from among employees, in the grades nearest below the grade in which...
- Classified Civil Service; Removal, Suspension or Reduction in Rank; Procedure; Appeal, Hearing; Findings of Civil Service Commission - Mich. Comp. Laws Section 38.462
Any officer or employee in the classified civil service may be removed, suspended or reduced in rank or compensation by the appointing authority after...
- Civil Service Commission; Annual Report to Township Board - Mich. Comp. Laws Section 38.463
The commission shall make an annual report to the township board at its annual meeting each year, or at any other time as may...
- Payrolls; Approval by Civil Service Commission - Mich. Comp. Laws Section 38.464
All payrolls shall be approved by the civil service commission, or by its secretary when authorized by the commission, before payment.
- Civil Service Employees; Soliciting for Political Purposes Prohibited - Mich. Comp. Laws Section 38.465
No officer or employee of the township in the classified civil service, directly or indirectly, shall make, solicit or receive, or be in any...
- Civil Service Commission; Subpoena; Noncompliance, Penalty; Enforcement - Mich. Comp. Laws Section 38.466
Any person who is served with a subpoena to appear and testify, or to produce books and papers issued by the commission in the...
- Violations; Penalties - Mich. Comp. Laws Section 38.467
(1) Except as provided in subsections (2) and (3), a person who knowingly violates this act, and a person who neglects or refuses to...
- Classified Civil Service; Discrimination Prohibited - Mich. Comp. Laws Section 38.468
No person in the classified civil service or seeking admission thereto shall be appointed, reduced or removed, or in any way favored or discriminated...
- Civil Service Commission; Offices - Mich. Comp. Laws Section 38.469
The commission shall be provided with suitable offices, examination rooms, and accommodations for itself and staff, as may be required to suit the public...
- Township Board; Appropriations - Mich. Comp. Laws Section 38.470
The township board shall provide the necessary appropriations to carry out the provisions of this act.
- Fire and Police Department Civil Service Commissions; Creation - Mich. Comp. Laws Section 38.501
Within 30 days after this act shall take effect there may be created a civil service commission in each city, village or municipality of...
- Civil Service Commission; Membership, Appointment, Terms; Election of President - Mich. Comp. Laws Section 38.502
The civil service commission shall consist of 3 members, 1 of whom shall be appointed by the principal elected officer of the city, village...
- Civil Service Commission; Members, Qualifications - Mich. Comp. Laws Section 38.503
No person shall be appointed a member of said commission who is not a citizen of the United States and who has not been...
- Civil Service Commission; Vacancies, Removal, Petition, Hearing - Mich. Comp. Laws Section 38.504
In event that any commissioner of said civil service commission shall cease to be a member thereof by virtue of death, removal or other...
- Civil Service Commission; Clerk - Mich. Comp. Laws Section 38.505
The city clerk or city recorder of any city, village or municipality under the terms of this act shall "ex officio" be clerk of...
- Fire and Police Civil Service; Eligibility for Permanent Appointment - Mich. Comp. Laws Section 38.506
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of this act, all...
- Appointments and Promotions; Competitive Examinations; Provisions Applicable to Appointment, Reinstatement, Promotion, or Discharge; Applicability of Section - Mich. Comp. Laws Section 38.507
Appointments to and promotions in all paid fire or police departments, or both of cities, villages, and municipalities shall be made only according to...
- Civil Service Commission; Assistance by Municipal Executive Officers; Printing, Supplies - Mich. Comp. Laws Section 38.508
It shall be the duty of the mayor, or principal executive officer, and heads of departments of every city, village or municipality to aid...
- Civil Service Commission; Powers and Duties - Mich. Comp. Laws Section 38.509
The civil service commission in each city, village or municipality, within the terms of this act, shall First, Prescribe, amend and enforce rules and...
- Application for Examination; Filing; Contents; Forms; Refusal to Examine or Certify Applicant; Public Hearing for Aggrieved Applicant; Review; Testimony; Decision; Physical Examination; Certification; Age Requirement; Reinstatement or Reappointment; Rank - Mich. Comp. Laws Section 38.510
(1) The civil service commission in each city, village, or municipality shall require an individual applying for admission to an examination provided for under...
- Repealed. 1986, Act 155, Imd. Eff. July 3, 1986. - Mich. Comp. Laws
- Rules for Examinations; Minimum Passing Grade; Notice and Distribution of Rules; Probationary Period; Final Appointment; Hearing; Procedure for Filling Position or Vacancy; Temporary Appointments; Special Examinations; "appointing Officer" Defined - Mich. Comp. Laws Section 38.511
(1) The civil service commission in each city, village, or municipality shall make rules providing for examinations of applicants for positions in the paid...
- Examinations; Nature; Contents; Notice; Commencement of Examination for Promotion; Eligible List; Discrimination Prohibited; Competitive Vacancies Filled by Promotions; Probationary Period; Hearing - Mich. Comp. Laws Section 38.512
(1) All examinations for positions shall be practical in their character and shall relate to those matters and shall include those inquiries as will...
- Reduction in Pay, Suspension or Discharge; Discrimination Prohibited; Hearing by Civil Service Commission - Mich. Comp. Laws Section 38.513
No person shall be reduced in pay or position, laid off, suspended, discharged or otherwise discriminated against by any appointing officer for religious or...
- Tenure; Grounds for Removal, Discharge, Suspension, or Deprivation of Privileges; Cause; Written Statement of Charges; Answer; Hearing; Reinstatement; Record of Testimony; Appeal; Counsel; Reduction of Full - Time Paid Members; New Appointments - Mich. Comp. Laws Section 38.514
(1) The tenure of each person holding an office, place, position, or employment under this act shall be only during good behavior and efficient...
- Violation of Act; Misdemeanor - Mich. Comp. Laws Section 38.515
Any commissioner or examiner, or, any other person, who shall wilfully, by himself or in cooperation with 1 or more persons, defeat, deceive or...
- Violation of Act; Penalty - Mich. Comp. Laws Section 38.516
Whoever makes an appointment to office, or selects a person for employment contrary to the provisions of this act, or wilfully refuses or neglects...
- Definitions - Mich. Comp. Laws Section 38.517
As used in this act: (a) "Appointing power" means each person or group of persons who, acting singly or in conjunction, as a mayor,...
- Approval of Act by Majority of Electors; Submission of Question by Resolution; Petition; Form of Ballot; Canvass; Certification of Results; Effect of Adoption - Mich. Comp. Laws Section 38.517a
(1) This act does not affect any city, village, or municipality until approved by a majority of the electors voting thereon at an election...
- Violation of Mcl 168.1 to 168.992 Applicable to Petitions; Penalties - Mich. Comp. Laws Section 38.517b
A petition under section 17a, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954...
- Rescission of Act by Majority of Electors; Submission of Question; Form of Ballot; Canvass; Certification of Results; Effect of Vote in Favor of Rescission - Mich. Comp. Laws Section 38.518
(1) This act shall continue in full force and effect in any city, village, or municipality in which it has been properly adopted until...
- Police Cadet Training Program; Applicability of Subsection (2) - Mich. Comp. Laws Section 38.521
(1) A city, village, or township that has adopted the provisions of Act No. 78 of the Public Acts of 1935, as amended, being...
- Fire and Police Department Pension and Retirement System; Retirement Board, Members, Election, Appointment, Terms - Mich. Comp. Laws Section 38.551
The retirement board, also referred to in this act as the pension board, created hereunder shall be known as "The retirement board" and shall...
- Short Title - Mich. Comp. Laws Section 38.551a
This act shall be known and may be cited as the "fire fighters and police officers retirement act".
- Retirement Board; Powers and Duties - Mich. Comp. Laws Section 38.552
The retirement board created under this act shall perform the following: (1) Make rules and regulations necessary to the proper conduct of the business...
- Retirement System Funds; Treasurer as Custodian; Bond; Disbursement of Funds; Execution of Voucher or Warrant; Authorization - Mich. Comp. Laws Section 38.553
The treasurer of the city, village, or municipality shall be the custodian of all funds of the retirement system and shall be required to...
- Credit for Prior Service - Mich. Comp. Laws Section 38.554
All service performed by members prior to the enactment of this act by any city, village or township, including service performed for predecessor townships,...
- Retirement Board; Quasi - Judicial Body; Review of Actions by Writ of Certiorari - Mich. Comp. Laws Section 38.555
The board shall be a quasi-judicial body, and its actions shall be reviewable by writ of certiorari only. History: 1937, Act 345, Eff. Oct....
- Age and Service Retirement Benefits - Mich. Comp. Laws Section 38.556
(1) Age and service retirement benefits payable under this act are as follows: (a) A member who is 55 years of age or older...
- Municipality Having Population of 80,000 or More; Applicability of Mcl 38.556(1)(h) to Certain Members - Mich. Comp. Laws Section 38.556a
In a municipality having a population of 80,000 or more, section 6(1)(h) shall be applicable to any member who continues in service on or...
- Remarriage of Surviving Spouse; Applicability of Subsection (1) to Municipality - Mich. Comp. Laws Section 38.556b
(1) Notwithstanding section 6 or any predecessor to section 6, the remarriage of a surviving spouse shall not render the surviving spouse ineligible to...
- Service Credit for Employment in Transitional Public Employment Program; Payment of Contributions and Regular Interest; Payroll Deduction; Amount in Reserve; Payment of Contributions by Current Employer; Accident, Disability, or Other Benefits - Mich. Comp. Laws Section 38.556c
(1) If a person who participated in a transitional public employment program becomes a member of a retirement system established under this act within...
- Postretirement Adjustments Increasing Retirement Benefits - Mich. Comp. Laws Section 38.556d
A municipality, by ordinance or in another manner provided by law, may adopt from time to time benefit programs providing for postretirement adjustments increasing...
- Mandatory Subjects of Bargaining - Mich. Comp. Laws Section 38.556e
Notwithstanding any other provisions of this act, any matter relating to the retirement system provided by this act, including, but not limited to, postretirement...
- "an Act of Duty,""municipality" and "transitional Public Employment Program" Defined - Mich. Comp. Laws Section 38.557
As used in this act: (a) "An act of duty" means an act performed by a fire fighter or police officer arising out of...
- Refunds of Salary Contributions - Mich. Comp. Laws Section 38.558
Refunds of salary contributions: (1) If a fire fighter or police officer dies before being placed on pension, the total amount of the member's...
- Contributions of Member; Rate; Deduction From Salary; Appropriations to Maintain Actuarially Determined Reserves; Payment of Deductions and Appropriations Into Retirement System; Prorating Pensions and Other Benefits; Expenses; Pensions as Obligations of Retirement System - Mich. Comp. Laws Section 38.559
(1) The contributions of a member to the retirement system shall be 5% of the salary paid to the member by the municipality. The...
- Investments; Transfer and Disposition of Certain Assets - Mich. Comp. Laws Section 38.560
Any and all cash assets and funds on hand not necessary for immediate payment of pensions or benefits under this act shall be invested...
- Referendum; Township or Charter Township - Mich. Comp. Laws Section 38.561
At any time after this act shall become effective, any city, village or municipality having a paid or part paid fire or police department,...
- Violation of Mcl 168.1 to 168.992 Applicable to Petitions; Penalties - Mich. Comp. Laws Section 38.561a
A petition under section 11, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954...
- Membership of Retirement System - Mich. Comp. Laws Section 38.562
(1) The membership of the retirement system created by a municipality affected by this act shall include each police officer and fire fighter employed...
- Reserve Fund; Use of Interest for Medical, Hospital, or Nursing Care for System Member - Mich. Comp. Laws Section 38.571
The board of trustees with the approval of the governing body of the county, city, village, or township of any police and firemen retirement...
- Computation of Liability for Regular Interest; Inclusions; Exclusions - Mich. Comp. Laws Section 38.572
The amount of interest used according to the provisions of this act shall be included as interest and other earnings on the money of...
- Police or Fireman's Retirement System; Military Service Credit - Mich. Comp. Laws Section 38.581
A city, village, or township which has a police or fireman's retirement system which is not included under Act No. 345 of the Public...
- Military Service Credit; Computation of Payment to Retirement System - Mich. Comp. Laws Section 38.582
A member who elects to claim the service credit provided for in section 1 shall pay to the retirement system an amount, together with...
- Repealed - Municipal Employees' Retirement Act (38.601 - 38.669) - Mich. Comp. Laws
- Agreement to Establish, Combine, and Finance Retirement Systems - Mich. Comp. Laws Section 38.691
Any 2 or more political subdivisions or other governmental instrumentalities created pursuant to state or local law may enter into an agreement to establish,...
- City Library Employees' Retirement System; Establishment - Mich. Comp. Laws Section 38.701
The legislative body of any incorporated city of 250,000 or more (hereinafter referred to for the purposes of this act as the local legislative...
- Library Board; Submission of Retirement Plan to Local Legislative Body - Mich. Comp. Laws Section 38.702
It shall be the duty of said library board when it desires to establish a system of retiring allowances, to apply to the local...
- Approval of Plan by Legislative Body; Commencement - Mich. Comp. Laws Section 38.703
Upon the submission by said library board of a plan for a system of retiring allowances, the local legislative body shall take the same...
- Annual Assessment for Retirement Allowance - Mich. Comp. Laws Section 38.704
When a system for retiring allowances has been agreed upon by the local legislative body and the library board and formally adopted by the...
- Reserve Fund and Annuities; Tax Exemption; Subject to Taxation Beginning January 1, 2012 - Mich. Comp. Laws Section 38.705
(1) Except as otherwise provided in this section, if a system of retiring allowances is adopted under this act, the reserve fund created is...
- Municipal Employees' Retirement System; Coverage of Employees of Public Libraries - Mich. Comp. Laws Section 38.706
In lieu, however, of formulating any plan under the foregoing sections of this act the library board and the local legislative body may, by...
- Repealed - Women Physicians in State Institutions (38.752 - 38.752) - Mich. Comp. Laws
- Repealed - Salaries in State Institutions (38.761 - 38.764) - Mich. Comp. Laws
- Repealed - Vacations for State Employees (38.791 - 38.792) - Mich. Comp. Laws
- Repealed - Judges' Retirement Act (38.801 - 38.831) - Mich. Comp. Laws
- Definitions - Mich. Comp. Laws Section 38.841
As used in this act: (a) "Local unit of government" means a county, city, township, or other political subdivision of this state which offers...
- Computing Retirement Benefits for Judge Employed by Local Unit of Government - Mich. Comp. Laws Section 38.842
A local unit of government, for the purpose of computing retirement benefits of an employee who is a judge, shall use a figure which...
- Conditional Effective Date; Adoption of Resolutions by City of Detroit and County of Wayne Assuming Responsibility for Expenses; Effect of Action - Mich. Comp. Laws Section 38.843
(1) This amendatory act shall not take effect unless the city of Detroit and the county of Wayne, by resolutions adopted not later than...
- Conditional Effective Date - Mich. Comp. Laws Section 38.844
This amendatory act shall not take effect unless the following bills of the 1980 regular session of the legislature are enacted into law: (a)...
- Effective Date - Mich. Comp. Laws Section 38.845
This act shall take effect September 1, 1981.
- Sum of Salary or Compensation Figure Used for Determining Retirement Benefit and Final Salary of Probate Court Judge Not to Exceed Total Annual Judicial Salary At Retirement - Mich. Comp. Laws Section 38.846
Beginning September 1, 1981, the sum of the salary or compensation figure used by a retirement plan offered by a local unit of government...
- Federal Social Security Old - Age and Survivors Insurance Coverage; Extension to Public Employees; Maintenance of Benefits - Mich. Comp. Laws Section 38.851
In order to extend to employees of the state of Michigan and its political subdivisions and to the dependents and survivors of such employees,...
- Extension of Social Security to Public Employees; Definitions - Mich. Comp. Laws Section 38.852
For the purposes of this act-- (a) The term "wages" means all remuneration for employment as defined herein, including the cash value of all...
- Agreement to Extend Benefits of Federal Old - Age and Survivors Insurance System; Contents; Approval; Separate Retirement Systems - Mich. Comp. Laws Section 38.853
(a) The department may enter on behalf of the state into an agreement with the secretary of health and human services, consistent with this...
- Extension of Social Security; Joint Action With Other States - Mich. Comp. Laws Section 38.854
Any instrumentality jointly created by this state and any other state or states is hereby authorized, upon the granting of like authority by such...
- Employee Contributions Required - Mich. Comp. Laws Section 38.855
Every employee of the state, including public school employees as defined under section 2 (c) of this act, whose services are covered by an...
- Employee Contributions; Payroll Deduction - Mich. Comp. Laws Section 38.856
The contribution imposed by section 5 shall be collected by the state treasurer by deducting the amount of the contribution from wages as and...
- Employee Contributions; Adjustments, Refunds - Mich. Comp. Laws Section 38.857
If more or less than the correct amount of the contribution imposed by section 5 is paid or deducted with respect to any remuneration,...
- Political Subdivision; Submission of Plan for Extension of Social Security Benefits; Requirements, Approval - Mich. Comp. Laws Section 38.858
Each political subdivision of the state is hereby authorized to submit for approval by the department a plan for extending the benefits of title...
- Political Subdivision; Plan to Provide for Appropriations to Contribution Fund - Mich. Comp. Laws Section 38.859
Each plan made under section 8 shall provide that the political subdivision will appropriate to the contribution fund created under section 13 of this...
- Nonapproval of Plan; Notice, Hearing; Review by Supreme Court - Mich. Comp. Laws Section 38.860
The department shall not finally refuse to approve a plan submitted by a political subdivision under section 8, and shall not terminate an approved...
- Political Subdivision; Payments Into Contribution Fund - Mich. Comp. Laws Section 38.861
(a) Each political subdivision as to which a plan has been approved under this section shall pay into the contribution fund, created under section...
- Delinquent Payments; Recovery With Interest From Political Subdivision - Mich. Comp. Laws Section 38.862
Delinquent payments due under section 11(a), with interest at a rate established by the department, but not to exceed the interest rate required under...
- Contribution Fund; Establishment; Deposits - Mich. Comp. Laws Section 38.863
There is established in the state treasury a special fund to be known as the contribution fund. The fund shall consist of and there...
- Contribution Fund; Administrative Account, Establishment, Deposits - Mich. Comp. Laws Section 38.864
There shall be established within the contribution fund a separate account to be known as the administrative account. This account shall consist of, and...
- Contribution Fund; Segregation; Withdrawals - Mich. Comp. Laws Section 38.865
The contribution fund shall be established and held separate and apart from any other funds or moneys of the state and shall be used...
- Contribution Fund; Payments to Secretary of Treasury - Mich. Comp. Laws Section 38.866
From the contribution fund the custodian of the fund shall pay to the secretary of the treasury of the United States such amounts as...
- Contribution Fund; Administration - Mich. Comp. Laws Section 38.867
The treasurer of the state shall be ex-officio treasurer and custodian of the contribution fund and shall administer such fund in accordance with the...
- Annual Appropriation to Contribution Fund for Payments to Secretary of Treasury - Mich. Comp. Laws Section 38.868
There are hereby authorized to be appropriated annually to the contribution fund, in addition to the contributions collected and paid into the contribution fund...
- Appropriation of All Contributions to Contribution Fund - Mich. Comp. Laws Section 38.869
For the purpose of administering the provisions of this act, there are hereby appropriated to the department all contributions made to the contribution fund...
- Rules and Regulations - Mich. Comp. Laws Section 38.870
The department shall make and publish such rules and regulations, not inconsistent with the provisions of this act, as it finds necessary or appropriate...
- State Employees' Retirement System; Referendum on Coverage; Petition; Conduct; Notice; Supplemental Statement; Governor's Certificate - Mich. Comp. Laws Section 38.871
(a) With respect to employees of the state who are members of the state employees' retirement system created by Act No. 240 of the...
- Repealed - Probate Judges Retirement Act (38.901 - 38.933) - Mich. Comp. Laws
- Retirement System; Creation - Mich. Comp. Laws Section 38.1001
A retirement system to establish a means of providing retirement allowances, survivors' allowances, and other benefits for members and their survivors and other beneficiaries,...
- Michigan Legislative Retirement System; Name - Mich. Comp. Laws Section 38.1002
The retirement system created by section 1 shall be known as the "Michigan legislative retirement system" and all affairs and business of the system...
- Construction of Terms - Mich. Comp. Laws Section 38.1003
For the purposes of this act the words specified in any section or sections shall have the meanings set forth in such section or...
- "retirement System" Defined - Mich. Comp. Laws Section 38.1004
"Retirement system" means the Michigan legislative retirement system. History: 1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1981, Act 123, Imd. Eff. July...
- Board; Definition - Mich. Comp. Laws Section 38.1005
"Board" means the board of trustees of the system.
- "member" Defined - Mich. Comp. Laws Section 38.1006
(1) Except as otherwise provided in subsection (2), "member" means any of the following: (a) A legislator of this state. (b) The secretary of...
- Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. - Mich. Comp. Laws
- "direct Rollover" and "distributee" Defined - Mich. Comp. Laws Section 38.1007a
(1) "Direct rollover" means a payment by the retirement system to the eligible retirement plan specified by the distributee. (2) "Distributee" includes a member...
- Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. - Mich. Comp. Laws
- Definitions - Mich. Comp. Laws Section 38.1008a
(1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means 1 or more of the following: (a) An...
- "salary" Defined - Mich. Comp. Laws Section 38.1009
(1) "Salary" means the compensation, common to all legislators, exclusive of travel allowance, paid by the state for 1 year of service as a...
- Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. - Mich. Comp. Laws
- "service" Defined; Election to Receive Military Service Credit; Effect of Membership in Retirement System - Mich. Comp. Laws Section 38.1011
(1) "Service" means the period beginning on January 1 of the year in which the member took office or on the date of the...
- "retirement Allowance" Defined - Mich. Comp. Laws Section 38.1012
"Retirement allowance" means a series of equal monthly payments payable at the end of each calendar month to a person while he or she...
- "retirant" Defined - Mich. Comp. Laws Section 38.1013
"Retirant" means a person receiving an annual retirement allowance from the retirement system. History: 1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1970,...
- "survivor,""eligible Child," and "surviving Spouse" Defined - Mich. Comp. Laws Section 38.1013a
(1) "Survivor" means the eligible surviving spouse or eligible child or children of a member, deferred vested member, or retirant. (2) "Eligible child" means...
- "refund Beneficiary" Defined - Mich. Comp. Laws Section 38.1014
"Refund beneficiary" means the 1 or more persons named by a member, deferred vested member, or retirant in writing and filed in the office...
- Actuarial Tables; Definition - Mich. Comp. Laws Section 38.1015
"Actuarial tables" means such tables as are from time to time adopted by the board for computing allowances based upon the experience of the...
- Prescribed Rate of Interest; Definition - Mich. Comp. Laws Section 38.1016
"Prescribed rate of interest" means such rate or rates as shall from time to time be prescribed by the board. History: 1957, Act 261,...
- "fiscal Year" Defined - Mich. Comp. Laws Section 38.1017
"Fiscal year" means the fiscal year of the state as described in section 1 of Act No. 116 of the Public Acts of 1887,...
- "deferred Vested Member" Defined - Mich. Comp. Laws Section 38.1017a
"Deferred vested member" means a member who left the legislature having satisfied the requirements of section 23(1)(a), but without having attained 55 years of...
- "leadership Position" Defined - Mich. Comp. Laws Section 38.1017b
"Leadership position" means a position held by a member of the legislature who, in addition to salary common to all legislators, receives supplemental salary...
- "legislator" Defined - Mich. Comp. Laws Section 38.1017c
"Legislator" means a person duly elected and serving in the Michigan house of representatives or the Michigan senate.
- "tier 1" and "tier 2" Defined - Mich. Comp. Laws Section 38.1017d
(1) "Tier 1" means the retirement plan available under this act to a member who first became a legislator or lieutenant governor before March...
- Legislator or Lieutenant Governor; Membership in Retirement System; Notice of Election Not to Participate; Refund of Contributions; Effect of Notice; Rescission of Notice; Contributions and Interest; Eligibility on or After March 31, 1997 - Mich. Comp. Laws Section 38.1018
(1) Except as otherwise provided in section 23b, a person who first becomes a legislator or lieutenant governor before March 31, 1997 shall become...
- Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. - Mich. Comp. Laws
- Members' Retirement Fund; Creation; Purpose; Computing Retirement Reserves for Retirement Allowances; Financing; State's Appropriations for Current Service, Accrued Service, and Retirement Allowances; Allocation of Employer Contributions - Mich. Comp. Laws Section 38.1020
(1) The members' retirement fund is created. The fund shall accumulate reserves for the payment of retirement allowances to retired members and deferred vested...
- Members' Savings Fund; Creation; Purpose; Contributions; Rate; Additional Contributions; Payroll Deductions; Transfer of Contributions Upon Retirement or Death - Mich. Comp. Laws Section 38.1021
(1) The members' savings fund is created in the retirement system. The retirement system shall accumulate in the members' savings fund the contributions made...
- Member Contributions Picked Up by State - Mich. Comp. Laws Section 38.1021a
The state shall pick up the member contributions required by sections 21, 22, 22c, and 50a for all compensation earned after December 31, 1986....
- Survivors' Retirement Fund; Creation; Purpose; Contributions; Rate; Payroll Deductions; Computing Retirement Reserves for Retirement Allowances; Financing; State's Appropriations for Survivors' Retirement Allowances - Mich. Comp. Laws Section 38.1022
(1) The survivors' retirement fund is created in the retirement system. The retirement system shall accumulate in the survivors' retirement fund reserves for the...
- Income Fund; Creation; Purpose; Interest, Dividends, and Other Income; Expenses - Mich. Comp. Laws Section 38.1022a
(1) An income fund is created in the retirement system. The retirement system shall credit to the income fund all interest, dividends, and other...
- Prorating and Allocating Annual Appropriations to Retirement System - Mich. Comp. Laws Section 38.1022b
Annual appropriations of the state made pursuant to this act shall be prorated and allocated to the retirement system not less than quarterly. Payment...
- Health Insurance Fund; Creation; Disposition; Disbursement; Contributions; Payroll Deductions; Nonrefundable - Mich. Comp. Laws Section 38.1022c
(1) The health insurance fund is created in the retirement system. The retirement system shall deposit into the health insurance fund the member contributions...
- Requirements for Entitlement to Retirement Allowance; Right to Allowance; Amount; Recalculation of Retirement Allowance; Election to Defer Receipt of Retirement Allowance; Computation of Retirement Allowance; Longevity Allowance - Mich. Comp. Laws Section 38.1023
(1) A member or deferred vested member who meets the following requirements shall be entitled to a retirement allowance: (a) The member or deferred...
- Repealed. 1974, Act 215, Eff. Dec. 31, 1974. - Mich. Comp. Laws
- Retirant or Deferred Vested Member Again Becoming Legislator or Lieutenant Governor; Election to Again Become Member; Notice; Conditions; Nonpayment of Retirement Allowance; Declining to Again Become Member; Exception - Mich. Comp. Laws Section 38.1023b
(1) Notwithstanding section 18 and except as otherwise provided in subsection (4), if a retirant or a deferred vested member again becomes a legislator...
- Increase of Retirement Allowance - Mich. Comp. Laws Section 38.1023c
(1) After December 31, 1986, on January 1 of each year a retirement allowance attributable to a member who first becomes a member on...
- Disabled Member; Retirement Allowance; Annual Examination - Mich. Comp. Laws Section 38.1023d
(1) A member who meets the service requirements of section 23(1)(a) but not the age requirements of section 23(1)(b), a member who does not...
- Supplemental Payments for Retirants or Retirement Allowance Beneficiaries With Retirement Allowance Effective Date Before January 1, 1979; Future Adjustments - Mich. Comp. Laws Section 38.1023e
(1) Effective January 1, 1988, but before any of the increases provided by section 23c on or before January 1, 1988 are included, the...
- Survivor's Retirement Allowance; Eligibility; Duration, Commencement, and Rate; Status of Adopted Child; Payments to Eligible Child; Effect of Marriage or Attainment of Ineligible Age; Payment of Survivor's Retirement Allowance as Provided in Written Designation; Division of Survivor's Retirement Allowance Among Eligible Survivors; Receipt of Entire Survivor's Retirement Allowance by Surviving Spouse When Eligible Children Become Ineligible - Mich. Comp. Laws Section 38.1024
(1) Unless otherwise provided by the member pursuant to this act, the surviving spouse of a deceased member, deferred vested member, or retirant having...
- Remarriage of Surviving Spouse - Mich. Comp. Laws Section 38.1024a
The remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive a survivor's retirement allowance described in section 24. A...
- Retirement System as Trust; Board as Fiduciary; Nonapplicability to Tier 2 Retirement Plan - Mich. Comp. Laws Section 38.1025
(1) The retirement system shall be construed to be a trust, separate from all other entities, maintained for the purpose of securing payment of...
- Retirement System; Board of Trustees; Membership; Eligibility and Terms; Oath of Office - Mich. Comp. Laws Section 38.1026
(1) The retirement system shall be administered by a board of trustees, consisting of 11 persons as follows: (a) Two members of the house...
- First Board of Trustees; Organizational Meeting, Election of Officers - Mich. Comp. Laws Section 38.1027
The first board shall meet as soon as practicable after the enactment of this act, at Lansing, Michigan, for the purpose of organizing this...
- Vacancy in Trusteeship - Mich. Comp. Laws Section 38.1028
Beginning January 1, 2012, a vacancy in a trusteeship shall be filled as provided in the bylaws. History: 1957, Act 261, Eff. Sept. 27,...
- Trustees; Compensation and Expenses - Mich. Comp. Laws Section 38.1029
Trustees shall serve without compensation but shall be reimbursed for any reasonable traveling expenses incurred in attending meetings of the board.
- Board of Trustees; Quorum, Proxy - Mich. Comp. Laws Section 38.1030
Each trustee is entitled to 1 vote on any action of the board and at least 6 concurring votes are necessary for any action...
- Board of Trustees; Powers and Duties - Mich. Comp. Laws Section 38.1031
The board shall, in addition to all other powers and duties arising out of this act and not otherwise specifically reserved or delegated to...
- Board of Trustees; Regular and Special Meetings; Conducting Business At Public Meeting; Notice of Meeting - Mich. Comp. Laws Section 38.1032
The board shall hold regular meetings at least quarterly each year and special meetings when considered necessary by the chairperson of the board. Meetings...
- Board of Trustees; Authority as to Retirement Allowances, Suspensions and Refunds - Mich. Comp. Laws Section 38.1033
The board shall consider and pass on all applications for retirement allowances and refunds, authorize the granting of all retirement allowances and refunds and...
- Board of Trustees; Certification of Prescribed Interest Rate; Adoption of Actuarial Tables - Mich. Comp. Laws Section 38.1034
The board shall certify in the records of the board the prescribed interest rate, and adopt all necessary actuarial tables in accordance with certifications...
- Board of Trustees; Estimate of Appropriation - Mich. Comp. Laws Section 38.1035
The board shall submit to the governor on or before November first of each year an estimate of the amount of appropriation required for...
- Repealed. 1987, Act 58, Imd. Eff. June 23, 1987. - Mich. Comp. Laws
- Reinstatement of Suspended Contributions - Mich. Comp. Laws Section 38.1036a
If the actuary determines in his or her annual valuation of the system that the system is less than 100% funded, the retirement board...
- Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. - Mich. Comp. Laws
- Board of Trustees; Offices; Books and Records; Availability of Certain Writings to Public - Mich. Comp. Laws Section 38.1038
The board shall establish an office or offices which provide suitable space for the meetings of the board and for the necessary administrative personnel....
- Board of Trustees; Appointment of Secretary and Administrative Personnel - Mich. Comp. Laws Section 38.1039
The board shall appoint a secretary and employ such other actuarial, medical, clerical or other help as shall from time to time be required...
- Board of Trustees; Record of Proceedings; Individual Accounts; Actuarial Data - Mich. Comp. Laws Section 38.1040
The board shall keep a permanent record of all proceedings of the board, a separate account for each individual member and such additional data...
- Board of Trustees; Audit of Accounts; Annual Statement - Mich. Comp. Laws Section 38.1041
The board shall have the accounts of the system audited at least biennially by the auditor general and submit an annual statement to the...
- Acceptance of Gift, Grant, or Bequest by Board - Mich. Comp. Laws Section 38.1042
The board may accept any gift, grant, or bequest of any money or securities for the purposes designated by the grantor. History: 1957, Act...
- Individual Statement - Mich. Comp. Laws Section 38.1043
The board shall submit an individual statement to a member, deferred vested member, or retirant upon reasonable request. The statement shall indicate the amount...
- Rules and Bylaws - Mich. Comp. Laws Section 38.1044
The board shall adopt rules and bylaws necessary for the efficient administration of the system. History: 1957, Act 261, Eff. Sept. 27, 1957 ;--...
- Secretary of Board; Powers and Duties - Mich. Comp. Laws Section 38.1045
The secretary of the board shall be in charge of the administration of the detailed affairs of the retirement system and, in addition to...
- Actuary; Technical Advisor of Board, Powers and Duties - Mich. Comp. Laws Section 38.1046
The actuary shall be the technical advisor of the board and, in addition to supplying general information on technical matters, shall: 1. Make an...
- State Treasurer as Ex Officio Treasurer of Retirement System; Duties - Mich. Comp. Laws Section 38.1047
The state treasurer shall be ex officio the treasurer of the retirement system and shall: (a) Act as official custodian of the cash and...
- Warrants - Mich. Comp. Laws Section 38.1048
The accounting division of the department of management and budget is authorized and directed to draw warrants upon the state treasurer payable from the...
- Payroll Voucher - Mich. Comp. Laws Section 38.1049
(1) All payroll vouchers covering payments of salary to members for their services shall indicate all of the following: (a) The amount of member...
- Investment and Reinvestment of Cash Assets; Nonapplicability to Tier 2 - Mich. Comp. Laws Section 38.1050
The cash assets of the retirement system in excess of the amount required for current operations shall be invested and reinvested by the board...
- Grants and Insurance Revolving Fund; Creation; Purpose; Expenditures; Payments to Fund by Payroll Deductions; Purchase and Payment of Premiums on Life Insurance Policies - Mich. Comp. Laws Section 38.1050a
(1) The grants and insurance revolving fund is created in the state treasury as a separate fund, into which shall be paid legislative grants,...
- Hospitalization, Medical, Dental, and Vision Coverage; Purchase; Payment of Premiums; Manner - Mich. Comp. Laws Section 38.1050b
(1) For a retirant or a survivor or beneficiary of a deceased retirant, or for a deferred vested member if that deferred vested member...
- Investment of Retirement System Funds; Ownership by System; Registration; Recording; Nonapplicability to Tier 2 - Mich. Comp. Laws Section 38.1051
The retirement board shall clearly mark all investments to indicate ownership by the system and, to the extent possible, shall register all investments in...
- Board of Trustees and Employees; Interest in Investments Prohibited; Violation of Section, Penalty - Mich. Comp. Laws Section 38.1052
Except as otherwise herein provided, no trustee and no employee of the board shall have any direct interest in the income gains or profits...
- Vested Interest in Refunds; Payment of Member Contributions; Discharge of Claims - Mich. Comp. Laws Section 38.1053
(1) Each member shall, by virtue of the payment of the member contributions required to be paid to the retirement system, receive a vested...
- Payments as Obligations of State; Disposition of Revenues - Mich. Comp. Laws Section 38.1054
(1) It is the intention of the legislature that the payment of the required state contributions, all benefits granted under this system, and all...
- Refund of Contributions With Interest; Request; Forfeiture; Service Credit Upon Resumption of Membership; Designation of Beneficiary; Payment of Contributions With Interest - Mich. Comp. Laws Section 38.1055
(1) A member who does not meet the requirement of section 23(1)(a) upon leaving service, or a deferred vested member who is no longer...
- Undivided Interest in Assets of System - Mich. Comp. Laws Section 38.1056
The assets of the system shall be invested as one fund, and no particular person, group of persons or entity shall have any right...
- Retirement Allowances, Benefits, and Credits Not Subject to Taxation; Subject to Taxation Beginning January 1, 2012; Subject to Public Employee Retirement Benefit Protection Act - Mich. Comp. Laws Section 38.1057
(1) Except as otherwise provided in this section, all retirement allowances and other benefits payable under this act and all accumulated credits of members,...
- Retirement System Records; Falsification, Penalty - Mich. Comp. Laws Section 38.1058
Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record of this system, in any attempt to...
- Correction of Error; Adjustment of Payment - Mich. Comp. Laws Section 38.1058a
If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from...
- Payment of Benefits; Commencement - Mich. Comp. Laws Section 38.1059
No payments of benefits shall be made until on or after the first day of January, 1959.
- Retirement System as Qualified Pension Plan; Administrative Requirements and Benefit Limitations; Qualified Military Service - Mich. Comp. Laws Section 38.1059a
(1) This section is enacted pursuant to section 401(a) of the internal revenue code, 26 USC 401, that imposes certain administrative requirements and benefit...
- Short Title - Mich. Comp. Laws Section 38.1060
This act shall be known and may be cited as the "Michigan legislative retirement system act". History: 1957, Act 261, Eff. Sept. 27, 1957...
- Election to Terminate Membership in Tier 1 and Become Qualified Participant in Tier 2; Election by Deferred Vested Member or Former Nonvested Member; Election as Irrevocable; Rights and Duties; Method of Election; Signature of Spouse; Waiver; Election Subject to Eligible Domestic Relations Order; Notice of Disqualification for Tax Purposes - Mich. Comp. Laws Section 38.1061
(1) The retirement system shall provide an opportunity for each member who is a member on March 30, 1997, to elect in writing to...
- Election to Terminate Membership in Retirement System Under Mcl 38.1061(1) and (2); Transfer of Lump Sum Amount; Recomputation; Calculation; Basis; Utilization of Actuarial Valuation Report; Notification of Disqualification for Tax Purposes - Mich. Comp. Laws Section 38.1062
(1) For a member who elects to terminate membership in Tier 1 under section 61(1), the retirement system shall direct the state treasurer to...
- Calculation of Accrued Cost Savings; Submission of Total Amount in Executive Budget to Legislature; Appropriation - Mich. Comp. Laws Section 38.1063
After consulting the retirement system's actuary, the board shall calculate for each fiscal year any cost savings that have accrued to this state as...
- Meanings of Words and Phrases; "accumulated Balance" Defined - Mich. Comp. Laws Section 38.1064
(1) For the purposes of this section and sections 65 to 80, the words and phrases defined in this section and sections 65 to...
- "employer,""former Qualified Participant," and "health Benefit Dependent" Defined - Mich. Comp. Laws Section 38.1065
(1) "Employer" means this state. (2) "Former qualified participant" means an individual who was a qualified participant and who terminates the employment upon which...
- "qualified Participant,""refund Beneficiary," and "state Treasurer" Defined - Mich. Comp. Laws Section 38.1066
(1) "Qualified participant" means an individual who is a participant of Tier 2 and who meets 1 of the following requirements: (a) An individual...
- Administration and Investment of Tier 2 by State Treasurer; State Treasurer as Fiduciary and Trustee; Appointment of Advisory Board; Determination of Provisions and Procedures; Authority and Responsibility of State Treasurer to Employ or Contract With Employees or for Services - Mich. Comp. Laws Section 38.1067
(1) The state treasurer shall administer Tier 2 and shall invest the assets of Tier 2. The state treasurer is the fiduciary and trustee...
- Hearing - Mich. Comp. Laws Section 38.1068
(1) A qualified participant, former qualified participant, health benefit dependent, or refund beneficiary may request a hearing on a claim involving his or her...
- Accumulated Employer and Employee Contributions and Earnings; Direction of Investment; Limitations Inapplicable to Tier 2 - Mich. Comp. Laws Section 38.1069
Each qualified participant, former qualified participant, and refund beneficiary shall direct the investment of the individual's accumulated employer and employee contributions and earnings to...
- Tier 2; Payment of Administrative Expenses - Mich. Comp. Laws Section 38.1070
The administrative expenses of Tier 2 shall be paid by the qualified participants, former qualified participants, and refund beneficiaries who have not closed their...
- Participation in Other Public Sector Retirement Benefits Plan - Mich. Comp. Laws Section 38.1071
A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer....
- Individual Becoming Legislator or Lieutenant Governor on or After March 31, 1997; Notice of Election - Mich. Comp. Laws Section 38.1072
An individual who first becomes a legislator or lieutenant governor on or after March 31, 1997 may irrevocably elect not to become a qualified...
- Election to Terminate Membership in Tier 1; Crediting Tier 2 Account; Charging Tier 2 Account for Excess Transfers - Mich. Comp. Laws Section 38.1073
(1) The state treasurer shall promptly credit the Tier 2 account of a qualified participant who makes an election under section 61 to terminate...
- Section Subject to Vesting Requirements; Tier 2 Contributions by Employer and Qualified Participant; Limitations - Mich. Comp. Laws Section 38.1074
(1) This section is subject to the vesting requirements of section 75. (2) A qualified participant's employer shall contribute to the qualified participant's account...
- Tier 2; Vesting Requirements and Schedule; Health Care Coverage; Vesting Requirements - Mich. Comp. Laws Section 38.1075
(1) A qualified participant is immediately 100% vested in his or her contributions made to Tier 2. A qualified participant shall vest in the...
- Crediting Years of Accrued Service - Mich. Comp. Laws Section 38.1076
A qualified participant who was a member, deferred vested member, or former nonvested member of Tier 1 who makes an election to participate in...
- Refund Beneficiary; Nomination - Mich. Comp. Laws Section 38.1077
A qualified participant or former qualified participant may nominate 1 or more individuals as a refund beneficiary by filing written notice of nomination with...
- Distribution of Accumulated Balance - Mich. Comp. Laws Section 38.1078
(1) A qualified participant is eligible to receive distribution of his or her accumulated balance in Tier 2 upon becoming a former qualified participant....
- Health Insurance Coverage; Election; Eligibility - Mich. Comp. Laws Section 38.1079
(1) A former qualified participant may elect health insurance benefits in the manner prescribed in this section if he or she meets both of...
- Distributions; Exemption From Tax; Subject to Public Employee Retirement Benefit Protection Act; Right of Setoff to Recover Overpayment and Satisfy Claims; Correction of Errors in Records and Actions - Mich. Comp. Laws Section 38.1080
(1) Distributions from employer contributions made pursuant to section 74(2) and (3) and earnings on those employer contributions, and distributions from employee contributions made...
- Reciprocal Retirement Act; Short Title - Mich. Comp. Laws Section 38.1101
This act shall be known and may be cited as the "reciprocal retirement act".
- Reciprocal Retirement Act; Definitions - Mich. Comp. Laws Section 38.1102
As used in this act: (a) "State unit" means the state employees' retirement system, established by Act No. 240 of the Public Acts of...
- Reciprocal Retirement Act; Adoption by Municipal or State Unit; Certification, Force and Effect - Mich. Comp. Laws Section 38.1103
(1) Any municipal unit, which covers its employees under a retirement system or systems, by a majority vote of its governing body may elect...
- Reciprocal Retirement System; Eligibility for Retirement Allowance; Conditions; Commencement of Retirement Allowance - Mich. Comp. Laws Section 38.1104
A member of a reciprocal retirement system who leaves the employ of a reciprocal unit, designated as the preceding reciprocal unit, and enters the...
- Credited Service Generally - Mich. Comp. Laws Section 38.1105
A member of a reciprocal retirement system who has 30 months or more of credited service acquired as a member of the system and...
- Transfer of Credited Service; Agreement Between Preceding Reciprocal Unit and Succeeding Reciprocal Unit; Resolution; Financial Consideration; Actuarial Present Value of Retirement Allowance; Written Policy - Mich. Comp. Laws Section 38.1106
(1) A reciprocal unit, designated as the preceding reciprocal unit, may enter into an agreement with a reciprocal unit, designated as the succeeding reciprocal...
- Repealed. 1982, Act 55, Imd. Eff. Apr. 6, 1982. - Mich. Comp. Laws
- Short Title; Meanings of Words and Phrases - Mich. Comp. Laws Section 38.1132
(1) This act shall be known and may be cited as the "public employee retirement system investment act". (2) For the purposes of this...
- Definitions; A - Mich. Comp. Laws Section 38.1132a
"Assets", for the purpose of meeting asset limitations contained in this act, means the total of the cash and investments of a system valued...
- Definitions; D to F - Mich. Comp. Laws Section 38.1132b
(1) "Defined contribution plan" means a defined contribution plan as defined in section 414(i) in the internal revenue code. (2) "Derivative" means either of...
- Definitions; D to G - Mich. Comp. Laws Section 38.1132b.amended
(1) "Defined contribution plan" means a defined contribution plan as defined in section 414(i) in the internal revenue code, 26 USC 414. (2) "Derivative"...
- Definitions; I - Mich. Comp. Laws Section 38.1132c
(1) "Investment fiduciary" means a person other than a participant directing the investment of the assets of his or her individual account in a...
- Definitions; I - Mich. Comp. Laws Section 38.1132c.amended
(1) "Investment fiduciary" means a person other than a participant directing the investment of the assets of his or her individual account in a...
- Definitions; N to P - Mich. Comp. Laws Section 38.1132d
(1) "National rating services" means Moody's investors service, inc.; Standard & Poor's ratings group; Fitch investors service inc.; Duff & Phelps credit rating corp.;...
- Definitions; S - Mich. Comp. Laws Section 38.1132e
(1) "Small business" means a corporation, partnership, sole proprietorship, or other entity which does not meet the specific requirements of investments permitted under this...
- Definitions; V - Mich. Comp. Laws Section 38.1132f
"Venture capital firm" means a corporation, partnership, proprietorship, or other entity, the principal business of which is or will be the making of investments...
- Investment Authority; Investment Fiduciary; Investing, Reinvesting, Holding in Nominee Form, and Managing Assets of System; Powers and Duties; Costs; Prohibited Acts; Exceptions; Requirements; Debt Instrument Issued by Foreign Country; List of Expenses - Mich. Comp. Laws Section 38.1133
(1) The provisions of this act shall supersede any investment authority previously granted to a system under any other law of this state. (2)...
- Investment Authority; Investment Fiduciary; Investing, Reinvesting, Holding in Nominee Form, and Managing Assets of System; Powers and Duties; Costs; Disclosure of Fees or Other Compensation by Investment Service Provider; "Investment Service Provider" Defined; Prohibited Acts; Exceptions; Requirements; Debt Instrument Issued by Foreign Country - Mich. Comp. Laws Section 38.1133.amended
(1) The provisions of this act shall supersede any investment authority previously granted to a system under any other law of this state. (2)...
- "macbride Principles" Defined; Duties of Investment Fiduciary; Effect of Unlawful Principle - Mich. Comp. Laws Section 38.1133a
(1) As used in this section, "MacBride principles" means those requirements for companies doing business in Northern Ireland designed to do all of the...
- Repealed. 1993, Act 214, Imd. Eff. Oct. 27, 1993. - Mich. Comp. Laws
- Definitions; Effort by Fiduciary to Identify Scrutinized Companies; Assembly Into Scrutinized Companies List; Update and Availability of List; Procedures; Report; Effectiveness of Section; Exemption of Fiduciary From Conflicting Statutory or Common Law Obligations; Liability; Affirmative Exclusion From Federal Sanctions; Severability - Mich. Comp. Laws Section 38.1133c
(1) As used in this section: (a) "Active business operations" means all business operations that are not inactive business operations. (b) "Business operations" means...
- Definitions; Scrutinized Companies; Identification by Fiduciaries; Assembling Scrutinized Companies List; Update by Fiduciary; Procedure; Report; Effectiveness of Section; Conditions; Liability of Fiduciary; Scrutinized Company Affirmatively Excluded From Federal Sanctions; Effect; Severability - Mich. Comp. Laws Section 38.1133d
(1) As used in this section: (a) "Active business operations" means all business operations that are not inactive business operations. (b) "Business operations" means...
- Prohibited Conduct by Investment Fiduciary, Service Provider, or Covered Associate of Service Provider; Exceptions; Definitions - Mich. Comp. Laws Section 38.1133e.added
(1) An investment fiduciary shall not make a payment from the assets of a system to a service provider if the service provider or...
- Breach of Public Trust by Investment Fiduciary or Service Provider; "Service Provider" Defined - Mich. Comp. Laws Section 38.1133f.added
(1) An investment fiduciary or a service provider who is convicted of or who enters a nolo contendere plea accepted by a court for...
- Investment in Stock - Mich. Comp. Laws Section 38.1134
(1) An investment fiduciary may invest not more than 70% of a system's assets in stock. An investment fiduciary shall not invest in more...
- Investment in Stock or Global Security - Mich. Comp. Laws Section 38.1134.amended
(1) An investment fiduciary shall not invest more than 70% of a system's assets in stock or the type of global security described in...
- Investment in Investment Companies - Mich. Comp. Laws Section 38.1135
An investment fiduciary may invest in investment companies registered under the investment company act of 1940, title I of chapter 686, 54 Stat. 789,...
- Investment in Investment Companies - Mich. Comp. Laws Section 38.1135.amended
An investment fiduciary may invest in investment companies registered under the investment company act of 1940, 15 USC 80a-1 to 80a-64. The management company...
- Investment in Annuity Investment Contracts or Participations in Separate Accounts of Life Insurance Company; Investment in General Account of Life Insurer; Requirements - Mich. Comp. Laws Section 38.1136
(1) An investment fiduciary may invest in annuity investment contracts or participations in separate real estate, mortgage, bond, stock, or other special investment accounts...
- Other Authorized Investments; Prohibited Investments - Mich. Comp. Laws Section 38.1137
(1) An investment fiduciary may invest in any of the following: (a) Obligations issued, assumed, or guaranteed by a solvent entity created or existing...
- Other Authorized Investments; Prohibited Investments - Mich. Comp. Laws Section 38.1137.amended
(1) An investment fiduciary may invest in any of the following: (a) Obligations issued, assumed, or guaranteed by a solvent entity created or existing...
- Investment in Real Estate or Mortgages on Certain Leased Real Property - Mich. Comp. Laws Section 38.1138
An investment fiduciary may invest in real estate or mortgages on real property leased or to be leased to the United States government, or...
- Investment in Real Estate Investment Trust or Real or Personal Property - Mich. Comp. Laws Section 38.1139
(1) An investment fiduciary may invest up to 5% of a system's assets in publicly or privately issued real estate investment trusts or in...
- Investment in Real Estate Investment Trust or Real or Personal Property - Mich. Comp. Laws Section 38.1139.amended
(1) An investment fiduciary may invest up to 10% of a system's assets in publicly or privately issued real estate investment trusts or in...
- State Treasurer as Investment Fiduciary; Investments in Private Equity; Limitation - Mich. Comp. Laws Section 38.1139a
If the investment fiduciary is the state treasurer, investments in private equity shall not be more than 30% of the total assets.
- State Treasurer as Investment Fiduciary; Investments in Private Equity; Limitation; Investment Fiduciary Not State Treasurer; Limitation - Mich. Comp. Laws Section 38.1139a.amended
(1) If the investment fiduciary is the state treasurer, investments in private equity shall not be more than 30% of the system's total assets....
- Investment in Secured Loans; Real Property Not Considered Encumbered; Investment in Part of Obligation or Participation Interest in Loan or Group of Loans; Investment in Real Estate Loan; Investment in Loan or Loans or Certificate of Participation Secured by Loan or Loans Made on Single Family Residential Property; Investment in Certificates Representing Interest in Mortgages or Group of Mortgages; Limitations and Restrictions; Investment in Second Mortgage; Investment With Variable Interest Rate - Mich. Comp. Laws Section 38.1140
(1) An investment fiduciary may invest in loans secured by any of the following: (a) First liens upon improved or income bearing real property,...
- Investment in Debt, Warrant, or Equity Interest in Small Business, Small Business Investment Company, or Venture Capital Firm; Creation of Small Business Investment Companies or Venture Capital Firms to Invest in Small Businesses; Limitation - Mich. Comp. Laws Section 38.1140a
(1) Except as provided in subsection (2), an investment fiduciary of a system having assets of more than $250,000,000.00 may invest not more than...
- Deposits by Investment Fiduciary - Mich. Comp. Laws Section 38.1140b
An investment fiduciary may make interest bearing deposits with the treasurer of the political subdivision sponsoring the system or with the state treasurer, either...
- Financial Institution or Management Company Retained as Investment Fiduciary; Investment of System Assets in Collective Investment Fund, Common Trust Fund, or Pooled Fund Established and Maintained by Financial Institution or Management Company; "financial Institution" Defined - Mich. Comp. Laws Section 38.1140c
(1) A financial institution, a trust company, a management company qualified under section 15, or any affiliate of a person described in this section...
- Financial Institution, Trust Company, or Management Company Retained as Investment Fiduciary; Investment of System Assets in Collective Investment Fund, Common Trust Fund, or Pooled Fund Established and Maintained by Financial Institution or Management Company; "financial Institution" Defined - Mich. Comp. Laws Section 38.1140c.amended
(1) A financial institution, a trust company, a management company qualified under section 15, or any affiliate of a person described in this section...
- Investments Not Qualified Under Act - Mich. Comp. Laws Section 38.1140d
(1) An investment fiduciary of a system having assets of less than $250,000,000.00 may invest not more than 5% of the system's assets in...
- Investments Not Qualified Under Act - Mich. Comp. Laws Section 38.1140d.amended
(1) An investment fiduciary of a system having assets of less than $250,000,000.00 may invest not more than 15% of the system's assets in...
- Loan of Securities by Investment Fiduciary - Mich. Comp. Laws Section 38.1140e
(1) An investment fiduciary may loan bonds, stocks, or other securities if at the time the loan is executed, at least 102% of the...
- Transferring and Holding Securities - Mich. Comp. Laws Section 38.1140f
An investment fiduciary may use 1 or more nominees to facilitate transfer of a system's securities and may hold the securities in safekeeping with...
- Investment in Securities Exempt From Taxes - Mich. Comp. Laws Section 38.1140g
Notwithstanding any other provision of this act, investment in securities wholly or partially exempt from income or other taxes levied by the United States...
- Applicable Law; Actuarial Valuation; Supplemental Actuarial Analysis; "proposed Pension Benefit Change" Defined - Mich. Comp. Laws Section 38.1140h
(1) In addition to the provisions of this act, a system is subject to the applicable accounting and reporting requirements contained in the following...
- Applicable Law; Retention of Financial Records; "Financial Records" Defined; Disclosure of Certain Information; Actuarial Valuation; Supplemental Actuarial Analysis; "proposed Pension Benefit Change" Defined; Availability of Summary Annual Report - Mich. Comp. Laws Section 38.1140h.amended
(1) In addition to the provisions of this act, a system is subject to the applicable accounting, auditing, and reporting requirements contained in the...
- Repealed. 2000, Act 307, Imd. Eff. Oct. 16, 2000. - Mich. Comp. Laws
- Investment in Derivatives - Mich. Comp. Laws Section 38.1140j
(1) Subject to qualification elsewhere in this act, an investment fiduciary may invest in any of the following: (a) A derivative that hedges positions...
- Investment in Foreign Securities - Mich. Comp. Laws Section 38.1140k
(1) Notwithstanding a percentage of total assets limitation for an investment provided in any other section of this act, an investment fiduciary may invest...
- Investment in Global Securities; Prohibited Conduct - Mich. Comp. Laws Section 38.1140k.amended
(1) Notwithstanding a percentage of total assets limitation for an investment provided in any other section of this act, an investment fiduciary who is...
- Financial or Proprietary Information - Mich. Comp. Laws Section 38.1140l
(1) A record or portion of a record, material, or other data received, prepared, used, or retained by an investment fiduciary in connection with...
- Employer Contribution - Mich. Comp. Laws Section 38.1140m
The governing board vested with the general administration, management, and operation of a system or other decision-making body that is responsible for implementation and...
- Employer Contribution - Mich. Comp. Laws Section 38.1140m.amended
The governing board vested with the general administration, management, and operation of a system or other decision-making body that is responsible for implementation and...
- Removal of Member of Board or Body - Mich. Comp. Laws Section 38.1141.added
(1) Subject to this section, the governing board vested with the general administration, management, and operation of a system or other decision-making body that...
- Repealed - Council on Public Employee Retirement Systems (38.1141 - 38.1148) - Mich. Comp. Laws
- Deferred Compensation Plan; Administration and Investment - Mich. Comp. Laws Section 38.1151
(1) Until October 1, 1996, the department of civil service may implement and administer a deferred compensation plan that may include a fixed-income plan...
- Definitions - Mich. Comp. Laws Section 38.1161
As used in this act: (a) "Board" or "recognition board" means the recognition board established in section 2. (b) "Department" means the department of...
- Recognition Board; Establishment; Appointment and Terms of Members; Vacancy; Election of Chairperson; Duties of Board - Mich. Comp. Laws Section 38.1162
(1) The department shall establish a recognition board within the department to consist of 5 members appointed by the director. The director shall select...
- Recognition Administrator; Appointment; Responsibilities; Report - Mich. Comp. Laws Section 38.1163
(1) The director shall appoint a recognition administrator from the employees of the department. (2) The recognition administrator shall be responsible for all of...
- Committee; Establishment by Head of Each Department; Appointment of Members; Review; Report - Mich. Comp. Laws Section 38.1164
(1) The head of each state department shall establish a committee with an uneven number of members who are employees of that state department...
- Recognition; Types; Distribution - Mich. Comp. Laws Section 38.1165
The types of recognition granted under section 2 or 3 shall be developed in guidelines by the recognition board. Recognition shall be distributed in...
- Rules - Mich. Comp. Laws Section 38.1166
The department may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement and administer...
- Staff to Assist Board and Recognition Administrator - Mich. Comp. Laws Section 38.1167
The department shall provide the necessary staff to assist the board and the recognition administrator in the performance of their duties under this act....
- Cost of Administering Act and Recognition - Mich. Comp. Laws Section 38.1168
The cost of administering this act and the granting of recognition under section 5 shall be included within the annual appropriation of the department....
- Retired State Employee as Recipient of Recognition; Effect - Mich. Comp. Laws Section 38.1169
A retired state employee who is the recipient of recognition under this act will be treated as a self-employed person for tax purposes and...
- Transfer of Responsibility for Deferred Compensation Plans to State Treasurer; Transfer of Suggestion Awards Program and Other Employee Benefit Programs From Department of Civil Service to the Department of Management and Budget - Mich. Comp. Laws Section 38.1171
38.1171 Transfer of responsibility for deferred compensation plans to state treasurer; transfer of suggestion awards program and other employee benefit programs from department of...
- Transfer of Powers and Duties of Office of State Employer and Department of Management and Budget Related to Administration of State Employees Benefit Programs and Quality Recognition System to Department of Civil Service by Type II Transfer - Mich. Comp. Laws Section 38.1172
38.1172 Transfer of powers and duties of office of state employer and department of management and budget related to administration of state employees benefit...
- Transfer of Powers and Duties of Department of Management and Budget, Office of State Employer, Department of Treasury, and Department of Information Technology Related to Direction and Management of Hrmn System to Department of Civil Service by Type II Transfer - Mich. Comp. Laws Section 38.1173
38.1173 Transfer of powers and duties of department of management and budget, office of state employer, department of treasury, and department of information technology...
- Assault on Department of State Employee Rendering Direct Services to Public; Compensation - Mich. Comp. Laws Section 38.1181
(1) A person employed as a classified employee of the department of state who is assaulted while performing employment duties, rendering direct services to...
- Definition of Employee Rendering Direct Services to Public - Mich. Comp. Laws Section 38.1182
For the purposes of this act, an employee rendering direct services to the public shall be defined as a classified employee who is servicing...
- Applicability of Act - Mich. Comp. Laws Section 38.1201
This act applies to employees of the state who are not classified state civil service employees. This act does not apply to employees in...
- Salary Considered Annual Salary; Salary Payments - Mich. Comp. Laws Section 38.1202
A salary prescribed by statute or in an appropriation act, unless otherwise qualified, is considered to be an annual salary. Nonclassified employees shall be...
- Sick, Annual, Bonus, and Personal Leave Time - Mich. Comp. Laws Section 38.1203
The crediting, accumulation, use, and recording of sick, annual, bonus, and personal leave time for nonclassified employees shall be the same as that established...
- Terminal Leave Benefits; Approved Leave of Absence - Mich. Comp. Laws Section 38.1204
When services of a nonclassified employee are terminated for any reason, the employee or the employee's heirs shall be paid terminal leave benefits the...
- Annual Longevity Payments - Mich. Comp. Laws Section 38.1205
A nonclassified employee shall be eligible for annual longevity payments on the same basis as classified employees, except that eligibility for longevity payment shall...
- Voluntary Payroll Deductions; Group Benefits - Mich. Comp. Laws Section 38.1206
A nonclassified employee is entitled to the same types of voluntary payroll deductions as is an employee in the state classified service, and is...
- Terminal Payment for Accrued Leave Balances - Mich. Comp. Laws Section 38.1207
A terminal payment for accrued leave balances, as prescribed in section 4, is limited to the unexpended appropriation balance for the position, and as...
- Procedures for Administering Act - Mich. Comp. Laws Section 38.1208
The department of management and budget may establish procedures for administering this act.
- Effective Date - Mich. Comp. Laws Section 38.1209
This act shall take effect October 1, 1978.
- Short Title - Mich. Comp. Laws Section 38.1211
This act shall be known and may be cited as the "public employee health care fund investment act".
- Definitions - Mich. Comp. Laws Section 38.1212
As used in this act: (a) "Fund" means a public employee health care fund created pursuant to this act and used for the accumulation...
- Establishment of Public Employee Health Care Fund; Resolution - Mich. Comp. Laws Section 38.1213
The legislative body of a public corporation may adopt a resolution establishing a public employee health care fund for the purpose of accumulating funds...
- Investment Fiduciary; Duties - Mich. Comp. Laws Section 38.1214
An investment fiduciary shall invest the assets of the fund in accordance with an investment policy adopted by the governing body of a public...
- Investment of Trust Assets; Resolution - Mich. Comp. Laws Section 38.1215
The legislative body of a public corporation may, by resolution, allow a trust to invest the assets of the trust in accordance with the...
- Actuarial Review; Report - Mich. Comp. Laws Section 38.1216
The investment fiduciary shall have an actuarial review of the fund or trust prepared at least every 5 years with assets valued on a...
- Short Title - Mich. Comp. Laws Section 38.1301
This act shall be known and may be cited as "the public school employees retirement act of 1979".
- Meanings of Words and Phrases - Mich. Comp. Laws Section 38.1302
For the purposes of this act, the words and phrases defined in sections 3 to 8 have the meanings ascribed to them in those
- Definitions; A - Mich. Comp. Laws Section 38.1303
(1) "Accumulated contributions" means 1 or more of the following: (a) The amounts credited to a member's individual subaccount in the reserve for employee...
- "compensation" Explained - Mich. Comp. Laws Section 38.1303a
(1) Except as otherwise provided in this act, "compensation" means the remuneration earned by a member for service performed as a public school employee....
- Definitions; C to M - Mich. Comp. Laws Section 38.1304
(1) "Compound interest" means interest compounded annually on July 1 on the contributions on account as of the previous July 1 and computed at...
- Definitions; M, N - Mich. Comp. Laws Section 38.1305
(1) "Member" means a public school employee, except that member does not include any of the following: (a) A person enrolled in a neighborhood...
- Definitions; O, P - Mich. Comp. Laws Section 38.1306
(1) "Original member" means a member employed in Michigan public schools before July 1, 1945. (2) "Out of system public education service" means service...
- Definitions; R - Mich. Comp. Laws Section 38.1307
(1) "Refund beneficiary" means 1 or more persons whom the member or former member nominates in writing and files with the retirement system for...
- Definitions; S, T - Mich. Comp. Laws Section 38.1308
(1) "Service" means personal service performed as a public school employee or creditable under this act. (2) "Simple interest" means interest at 1 or...
- Calculating Member's Final Average Compensation; Effective Date of Section - Mich. Comp. Laws Section 38.1309
(1) The definition of final average compensation under section 4 as that section existed prior to Act No. 91 of the Public Acts of...
- Public School Employees' Retirement System; Creation - Mich. Comp. Laws Section 38.1321
A Michigan public school employees' retirement system is created for the public school employees of this state.
- Public School Employees' Retirement Board; Creation; Appointment, Qualifications, and Terms of Members; Vacancy - Mich. Comp. Laws Section 38.1322
(1) The Michigan public school employees' retirement board is created in the department and shall consist of the superintendent of public instruction and 11...
- Retirement Board; Oath; Conducting Business At Public Meeting; Notice of Meeting; Quorum; Failure to Attend Scheduled Meetings; Availability of Writings to Public - Mich. Comp. Laws Section 38.1323
(1) A member of the retirement board, upon appointment, shall take an oath of office, which shall be filed immediately in the office of...
- Retirement Board; Compensation and Expenses - Mich. Comp. Laws Section 38.1324
The per diem compensation of the retirement board and the schedule for reimbursement of expenses incurred in attending meetings of the retirement board and...
- Retirement Board; Rights, Authority, and Discretion; Rules; Limitation; Study Period; Information to Be Provided to Certain Universities - Mich. Comp. Laws Section 38.1325
(1) The board shall have only the rights, authority, and discretion in the proper discharge of its duties provided in this act and former...
- State Treasurer as Treasurer of Retirement System; Investment Authority; Fiduciary Responsibility; Disposition of Funds - Mich. Comp. Laws Section 38.1326
(1) This section does not apply to Tier 2. (2) The state treasurer shall be treasurer of the retirement system and shall have investment...
- Warrants - Mich. Comp. Laws Section 38.1327
The retirement system shall draw its warrants upon the state treasurer, payable out of reserves of the retirement system, for the payment of retirement...
- Summary of Fiscal Transactions; Contents; Description of Retirement Benefits; Information to Be Posted on Internet Website and Sent via Electronic Mail; Database - Mich. Comp. Laws Section 38.1328
(1) By April 15 of each year, the department shall furnish to the governor, the legislature, each retirement allowance recipient, and each member a...
- Reserve for Employee Contributions; Individual Subaccounts; Refund, Payment, or Transfer of Accumulated Contributions - Mich. Comp. Laws Section 38.1329
The reserve for employee contributions is the account in which member contributions made under the contributory retirement plan and other member payments as provided...
- Reserve for Employer Contributions - Mich. Comp. Laws Section 38.1330
The reserve for employer contributions is the account to which reporting unit payments, except payments for health benefits are credited. History: 1980, Act 300,...
- Reserve for Administrative Expenses - Mich. Comp. Laws Section 38.1331
The reserve for administrative expenses is the account from which the expenses of the administration of the retirement system, exclusive of amounts payable as...
- General Fund - Mich. Comp. Laws Section 38.1332
The retirement board may establish a general fund. Revenue not clearly payable to other funds shall be deposited in the general fund. Disbursements from...
- Reserve for Member Investment Plan; Remittance of Member Contributions; Individual Subaccounts; Refund, Payment, or Transfer of Accumulated Contributions - Mich. Comp. Laws Section 38.1333
The reserve for member investment plan is the account into which are remitted member contributions as provided in section 43a. The retirement board shall...
- Reserve for Health Benefits; Payments; Health Advance; Funding Subaccount; Transfer to Reserve for Employer Contributions; Conditions - Mich. Comp. Laws Section 38.1334
(1) The reserve for health benefits is the account to which payments of reporting units for health benefits are credited. Benefits payable pursuant to...
- Reserve for Retired Benefit Payments - Mich. Comp. Laws Section 38.1335
The reserve for retired benefit payments is the account from which all retirement allowances and refunds pursuant to section 85(6) shall be paid. After...
- Reserve for Undistributed Investment Income; Pension Stabilization Subaccount - Mich. Comp. Laws Section 38.1336
(1) Except as otherwise provided in this section, the reserve for undistributed investment income is the account to which all income from the investment...
- Determining Annual Level Percentage of Payroll Contribution Rate; Computation; Unfunded Actuarial Accrued Liability Contribution Rate; Limitation; Certification of Estimated Aggregate Compensations; Computation and Certification of Sum Due and Payable; Payment; Certification of Actual Aggregate Compensations; Adjustment; Evidence of Correctness; Audit; Duties of Reporting Unit; Submission of Difference Occurring in Certain Fiscal Years; Interest Rate; Reassignment of Assets; Rate of Investment Return; Basis of Asset Valuation; Use of Salary Increase Assumption; Deposit to Health Advance Funding Subaccount; Allocations From Employer Contributions; "Current Operating Expenditures" Defined - Mich. Comp. Laws Section 38.1341
(1) The annual level percentage of payroll contribution rate to finance benefits being provided and to be provided by the retirement system shall be...
- Separate Contribution Rate; Unfunded Accrued Liability - Mich. Comp. Laws Section 38.1341a
For fiscal years that begin on or after March 28, 1996, the retirement system shall determine a separate contribution rate for a reporting unit...
- Employees as Members on or After July 1, 2010; Determination of Separate Employer Contribution Rate; Individuals Performing Services for Entity Not Participating in Retirement Services; Conditions - Mich. Comp. Laws Section 38.1341b
(1) Beginning July 1, 2010, the retirement system may determine a separate employer contribution rate for members who first became a member on or...
- Reporting Unit Contribution; Exclusive Obligation; Contributions Picked Up by Employer; Deduction of Social Security Contributions; Agreement of Member; Forwarding Certain Retirement Contributions; Failure to Submit Report or Contributions; Late Fee; Withholding Payment of State Funds for Noncompliance - Mich. Comp. Laws Section 38.1342
(1) Beginning with the 1994-95 state fiscal year, a reporting unit shall contribute the entire amount determined under section 41 to the reserve for...
- Percentage Paid for Participants in Optional Retirement Program - Mich. Comp. Laws Section 38.1343
The percentage of aggregate annual compensation to be paid for employees who participate in the optional retirement program under the optional retirement act of...
- Contributions of Member to Member Investment Plan; Deduction and Remittance as Employer Contributions; Benefits; Amount of Contribution; Amounts; Percentage - Mich. Comp. Laws Section 38.1343a
(1) The contributions of a member who contributes to the member investment plan shall be deducted by the employer and remitted as employer contributions...
- Eligibility Requirements; Exceptions - Mich. Comp. Laws Section 38.1343b
A member who contributes to the member investment plan shall have the eligibility requirements of section 81 except as follows: (a) The age 55...
- Entitlements - Mich. Comp. Laws Section 38.1343c
A member other than a member who first became a member on or after July 1, 2010 who contributes to the member investment plan,...
- Repealed. 2012, Act 300, Imd. Eff. Sept. 4, 2012. - Mich. Comp. Laws
- Member Before September 4, 2012; Contribution of Percentage to Funding Account Under Public Employee Retirement Health Care Funding Act; "Funding Account" Defined - Mich. Comp. Laws Section 38.1343e
Except as otherwise provided in this section or section 91a, each member who first became a member before September 4, 2012 shall contribute 3%...
- Contribution Beginning on Transition Date; Amount; Method of Deducting Contributions; Picking Up Member Contributions for Compensation on or After Transition Date; Benefit - Mich. Comp. Laws Section 38.1343g
(1) Beginning on the transition date and ending upon the member's termination of employment or attainment date, as applicable under section 59(1), each member...
- Separation From Service; Death; Unclaimed Retirement Allowance or Other Money - Mich. Comp. Laws Section 38.1344
Upon the separation from service by a member or upon the death of a member, a former member, a retirant, a retirement allowance beneficiary,...
- Change or Error in Records; Correction; Adjustment in Benefits - Mich. Comp. Laws Section 38.1345
If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from...
- Benefits; Exemption From Taxation; Subject to Taxation Beginning January 1, 2012; Offset of Retirement Benefits or Refunds; Forfeiture of Service Credit - Mich. Comp. Laws Section 38.1346
(1) Except as otherwise provided in this section, a retirement allowance, an optional benefit, or any other benefit accrued or accruing to a person...
- Employee of Michigan High School Athletic Association; Entitlement to Benefits Preserved; Limited Membership; Continued Service; Eligibility for Retirement Benefits; Election; Termination of Employment; Computation of Retirement Allowance - Mich. Comp. Laws Section 38.1347
(1) An employee of the Michigan high school athletic association who is a member on December 31, 1987 shall have his or her entitlement...
- Calculation of Retirement Allowance; Election and Attainment Date Designation; Credit for Future Service Accrued and Compensation Earned; Alternative Election; Method of Accepting Elections, Designations, and Alternative Elections; Member Not Making or Rescinding Election or Who Makes Alternative Election; Reemployed Member; Definitions - Mich. Comp. Laws Section 38.1359
(1) The retirement system shall permit each qualified member to make an election with the retirement system to continue to receive credit for any...
- Purchase of Service Credit; 2 Years Service Credit Required - Mich. Comp. Laws Section 38.1360
Notwithstanding any provision of this act to the contrary, on and after July 1, 2008, a member shall not purchase service credit under this...
- Employment of Retirant in Reporting Unit - Mich. Comp. Laws Section 38.1361
(1) Except as otherwise provided in this section, if a retirant is receiving a retirement allowance other than a disability allowance payable under this...
- Purchasing Service Credit; Proof of Service; Contribution and Interest - Mich. Comp. Laws Section 38.1362
If a member claims credit for service performed under this act or former Act No. 136 of the Public Acts of 1945, during the...
- Noncontributory Plan; Applicability; Duty of Reporting Unit - Mich. Comp. Laws Section 38.1363
The noncontributory plan shall apply to each public school employee who is included in the membership of the retirement system. Each reporting unit shall...
- Purchase of Service Credit - Mich. Comp. Laws Section 38.1364
(1) If a person described in section 5(1)(d) later becomes a member of this retirement system, service credit shall not be given for employment...
- Written Application for Payment of Accumulated Contributions; Forfeiture of Prior Service - Mich. Comp. Laws Section 38.1365
(1) If a member ceases to be a public school employee before satisfying the age and service requirements for a retirement allowance as provided...
- Cessation of Membership; Forfeiture of Service; Return to Service; Reinstatement of Previously Forfeited Service - Mich. Comp. Laws Section 38.1366
(1) Except as provided in section 65, if a member ceases to be a public school employee for any reason, except while on official...
- Credit for Service in Another Retirement System; Withdrawal of Accumulated Contributions; Forfeiture of Service or Monthly Allowance - Mich. Comp. Laws Section 38.1367
A member who has met the age and service requirements to receive a retirement allowance from this retirement system as provided in section 81...
- Service Credit; Computing Terms of Service - Mich. Comp. Laws Section 38.1368
(1) The retirement board shall grant 1 year of service credit to a member who has been employed and remunerated for services performed for...
- Out of System Public Education Service; Condition for Granting Membership or Prior Service Credit; Eligibility for Retirement Allowance; Computation of Payment; Limitation; Refund; Noncreditable Service; Election to Purchase Certain Service Credit - Mich. Comp. Laws Section 38.1369
(1) As a condition for granting membership or prior service credit under this act for out of system public education service, a member shall...
- Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Mich. Comp. Laws
- Employee in Nonpublic Elementary or Secondary Educational Institution or Nonpublic Institution of Higher Education, Employee in Foreign Country At School for United States Personnel or Dependents, Full - Time Teacher With Job Corps, Teacher in Trust Territory, or Teacher on Indian Reservation; Purchase of Service Credit; Request; Documentation; Payment of Amount Equal to Actuarial Cost; Condition to Service Being Credited; Satisfaction of Minimum Service Credit for Retirement Allowance; Refund; Effect of Pension or Annuity; Retirant With Retirement Allowance Effective Date on or After January 1, 1988, and on or Before December 21, 1988; Definitions - Mich. Comp. Laws Section 38.1369c
(1) A member may elect to purchase service credit for service performed as an employee in a nonpublic elementary or secondary educational institution or...
- Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Mich. Comp. Laws
- Election to Purchase Not More Than 5 Years of Service Credit Less Years of Service Credit Purchased Under Other Provisions; Request; Payment of Actuarial Cost; Prohibited Uses of Service Credit; Refund - Mich. Comp. Laws Section 38.1369f
(1) A member may elect to purchase not more than 5 years of service credit less the number of years of service credit purchased...
- Former Employees of Reporting Unit as Public School Employees; Conditions; Remittances Required for Granting of Service Credit; Definitions - Mich. Comp. Laws Section 38.1369g
(1) Subject to subsections (2) and (3), a member whose reporting unit service consists of library or museum service and whose employment with that...
- State of Michigan Service; Condition for Granting Membership or Prior Service Credit; Petition for Transfer of Service Credit, Accumulated Contributions, and Interest; Refund - Mich. Comp. Laws Section 38.1370
(1) As a condition for granting membership or prior service credit under this act for state of Michigan service, a member shall pay to...
- Sabbatical Leave; Employee Organization Professional Services Leave or Released Time - Mich. Comp. Laws Section 38.1371
(1) The retirement board shall grant service credit for the time a member is on a sabbatical leave authorized by a reporting unit, if...
- Repealed. 1989, Act 194, Imd. Eff. Aug. 25, 1989. - Mich. Comp. Laws
- Resumption of Employment Following Honorable Discharge or Release From Active Duty With Armed Forces; Service Credit; Limitation; Accumulation of Contributions to Reserve for Employee Contributions At Regular Interest - Mich. Comp. Laws Section 38.1373
A member of this retirement system who enters active duty with the armed forces and within 24 months after the date of the member's...
- Service Credit for Member Not Meeting Requirements of Mcl 38.1373; Election; Computation of Payment; Restriction; Condition - Mich. Comp. Laws Section 38.1374
(1) A member of this retirement system after May 31, 1976, who does not meet the requirements of section 73, and who enters active...
- Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Mich. Comp. Laws
- Separation From Service or Reduction of Hours for Purposes of Parental Leave; Purchase of Service Credit; Refund; Application; "Parental Leave" Defined - Mich. Comp. Laws Section 38.1375
(1) A member who left or leaves service as a public school employee; who left or leaves out-of-system public education service; or a member...
- Partial Purchase of Service Credit - Mich. Comp. Laws Section 38.1376
On and after the effective date of this section, a member who is otherwise entitled to purchase service credit for active duty in the...
- Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Mich. Comp. Laws
- Actuarial Cost; Recomputation - Mich. Comp. Laws Section 38.1379
(1) Actuarial cost shall be equal to the product of subdivisions (a), (b), and (c): (a) A percentage, determined by the retirement board and...
- Recomputation of Payment for Purchase of Service; Refund - Mich. Comp. Laws Section 38.1379a
(1) Subject to subsection (2), if the compensation amount used for computing payment for a purchase of service credit under section 64, 69, 69c,...
- Retirement Allowance Under Mcl 38.1384; Application; Eligibility Requirements - Mich. Comp. Laws Section 38.1381
(1) Except as provided in section 81c, a member who no longer is working as a public school employee or in any other capacity...
- Retirement Allowance Computed According to Mcl 38.1384(1); Reduction Inapplicable; Definitions - Mich. Comp. Laws Section 38.1381a
(1) Notwithstanding section 81, a member may retire with a retirement allowance computed according to section 84(1) if all of the following apply: (a)...
- Retirement; Eligibility Requirements; Computation; Extension; "Incentivized Retirement Application Period" Defined; Amortization of Additional Costs - Mich. Comp. Laws Section 38.1381b
(1) Notwithstanding section 81, a member may retire with a retirement allowance computed according to this section if all of the following apply: (a)...
- Member 60 Years of Age or Older With 10 or More Years Service - Mich. Comp. Laws Section 38.1381c
(1) A member who first becomes a member on or after July 1, 2010 who no longer is working as a public school employee...
- Employment on or After September 4, 2012; Election to Participate in Tier 2; Method of Accepting Elections; Election Period; Member Not Making Election Considered as Member of Tier 1; Collection of Employer and Employee Contributions - Mich. Comp. Laws Section 38.1381d
(1) The retirement system shall permit each qualified participant who first becomes a qualified participant and first works for a reporting unit on or...
- Deferred Vested Service Retirement Allowance; Entitlement; Computation; Application; Forfeiture; Payment of Option to Beneficiary - Mich. Comp. Laws Section 38.1382
(1) A member who terminates reporting unit service before 60 years of age for a reason other than the member's retirement or death, who...
- Date of Retirement Allowance; Payment on Cessation of Eligibility for Continuation of Benefits - Mich. Comp. Laws Section 38.1383
(1) Each retirement allowance shall date from the first of the month following the month in which the applicant satisfies the age and service...
- Retirement Allowance; Benefits; Applicability of Reduction; Recalculation of Retirement Allowance; Adjusted Retirement Allowance; Election to Return Retirement Allowance Payments - Mich. Comp. Laws Section 38.1384
(1) Subject to section 84b and except as provided in subsection (2), upon the member's retirement from service as provided in section 81, a...
- Retirement Allowance for Member Making Alternative Election Under Section 59(2)(b); Calculation; Items of Credited Service Under Section 59(1); Accumulation of Years of Service Credit for Purpose of Vesting; Calculation of Retirement Allowance Under Section 59(1) but Not Making Attainment Date Designation; "Attainment Date" Defined - Mich. Comp. Laws Section 38.1384b
(1) Beginning February 1, 2013, the calculation of a retirement allowance under this act for a member who did not make the election under...
- Payment Options; Election; Change of Option or Beneficiary; Payment to Beneficiary; Reversion of Benefit to Straight Retirement Allowance; Term of Payment; Beneficiary Predeceasing Retirant Who Returns to Service; Effect of Election of Retirant's Divorce From Spouse Designated as Beneficiary; Payment of Difference Between Accumulated Contributions and Aggregate Amount of Retirement Allowance Payments; Change of Beneficiary; Optional Form of Benefit Payment; Limitation; Termination - Mich. Comp. Laws Section 38.1385
(1) A retiring member or retiring deferred member who meets the requirements of section 81 or 81a or a member whom the retirement board...
- Disability Allowance; Requirements; Extension of Application Time Limit; Computation; Effective Date - Mich. Comp. Laws Section 38.1386
(1) A member whom the retirement board finds to have become totally and permanently disabled for purposes of employment by his or her reporting...
- Duty Disability Retirement Allowance; Requirements; Computation; Effective Date; Service Credit; Adjustment - Mich. Comp. Laws Section 38.1387
(1) A member whom the retirement board finds to have become totally and permanently disabled from any gainful employment by reason of personal injury...
- Duty or Nonduty Disability Retirant; Medical Examination; Affidavit; Deception; Discontinuance or Revocation of Nonduty Disability Retirement Allowance; Return to Membership; Restoration of Credited Service; Restoration of Duty Disability Retirant to Active Service; Cessation of Allowance or Rights to Allowance; Lump Sum Payment; Payment on Retirant's Sixtieth Birthday; Reduction of Retirement Allowance; Computation of Allowable Earnings; Applicability of Subsection (4) - Mich. Comp. Laws Section 38.1388
(1) The retirement board may require a duty or nonduty disability retirant to submit to a medical examination by a practicing physician or a...
- Surviving Spouse; Computation, Payment, and Termination of Retirement Allowance; Remarriage of Surviving Spouse; Allowance for Surviving Child Less Than 18; Election of Retirement Allowance Beneficiary; Grounds for Voiding Election; Death of Member; Presumption of Dependency; Termination of Allowance; Payment to Refund Beneficiary; Member Contributing to Member Investment Plan - Mich. Comp. Laws Section 38.1389
(1) If a member who continues as a public school employee on or after either the date the member has 15 years of credited...
- Surviving Spouse of Deceased Member Receiving Worker's Disability Compensation; Computation, Payment, and Termination Retirement Allowance; Remarriage of Surviving Spouse; Allowance for Surviving Children Less Than 18; Computation, Payment, and Termination of Allowance for Surviving Child Less Than 18 or for Surviving Dependent Parent; Computation and Effective Date of Retirement Allowance Beneficiary's Duty Death Retirement Allowance; Use of Average Annual Compensation; Election to Accept Refund; Payment to Legal Representative of Deceased Member's or Retirant's Estate - Mich. Comp. Laws Section 38.1390
(1) If a member dies as a result of injury or illness arising out of and in the course of the member's reporting unit...
- Hospital, Medical - Surgical, and Sick Care Retirant Benefits; Dental and Vision Retirant Benefits; Retirement System Premium; Maximum Contribution Rate; Health Benefits Coverage for Dependent of Retirant; Coordination of Benefits; Definitions - Mich. Comp. Laws Section 38.1391
(1) Except as otherwise provided in this section, the retirement system shall pay the entire monthly premium or membership or subscription fee for hospital,...
- Retiree Health Care Insurance Coverage for Employees Hired After September 4, 2012; Matching Contribution in Lieu of Health Insurance Coverage Benefits; Vesting Provisions; Election to Opt Out of Health Insurance Coverage Premiums; Effect of Not Making Election Under Subsection (5); Break in Service or Reemployment; Implementation and Applicability of Subsections (5) to (10); Report; Definitions - Mich. Comp. Laws Section 38.1391a
(1) An individual who first became a member or qualified participant on or after September 4, 2012 or who made the election under subsection...
- Long - Term Care Insurance; Withholding From Retirement Allowance - Mich. Comp. Laws Section 38.1392
Beginning on July 1, 2004, upon written application of a retirant, the retirement system shall withhold from the retirant's retirement allowance the entire monthly...
- Administration of Changes; Appropriation; Work Project; Carrying Forward Unencumbered or Unallotted Funds - Mich. Comp. Laws Section 38.1392a
(1) There is appropriated for the fiscal year ending September 30, 2010, $4,500,000.00 to the office of retirement services in the department of technology,...
- Appropriation; Purposes; Amount; Completion Date - Mich. Comp. Laws Section 38.1392b
(1) There is appropriated for the fiscal year ending September 30, 2012, $4,700,000.00 to the office of retirement services in the department of technology,...
- Third - Party Study - Mich. Comp. Laws Section 38.1393
(1) The director of the department, senate majority leader, and speaker of the house of representatives shall commission an independent third party at a...
- Supplemental Pension - Mich. Comp. Laws Section 38.1401
The supplemental pension paid under section 15a of chapter 1 or section 57 of chapter 2 of former Act No. 136 of the Public...
- Percentage Increase to Monthly Retirement Allowance Payable After June 30, 1972; Continuation - Mich. Comp. Laws Section 38.1402
The percentage increase to the monthly retirement allowance payable after June 30, 1972, to a retirant or retirement allowance beneficiary, who was on the...
- Percentage Increase to Monthly Retirement Allowance Payable Under Former Provisions; Continuation - Mich. Comp. Laws Section 38.1403
(1) The percentage increase to the monthly retirement allowance payable to a retirant or retirement allowance beneficiary under section 27d of chapter I or...
- Percentage Increase to Monthly Retirement Allowance Payable Under Additional Former Provisions; Continuation - Mich. Comp. Laws Section 38.1404
(1) The percentage increase to the monthly retirement allowance payable to a retirant or retirement allowance beneficiary under either section 27f of chapter I...
- Determining Rate of Investment Return on Retirement System Assets and Present Value of Retirement Allowances; Calculation and Reduction of Distribution Income; Crediting Distribution Units to Retirant or Retirement Allowance Beneficiary; Calculation and Payment of Distribution Amount; Increase in Retirement Allowance; Computation of Cumulative Increase Amount; Supplemental Payment; Increase in Retirement Allowance Effective Before October 1, 1981; Increase in Retirement Allowance Effective on or Before January 1, 1987 - Mich. Comp. Laws Section 38.1404a
(1) After the end of each state fiscal year, the department shall determine the rate of investment return earned on retirement system assets during...
- Violation; Penalty - Mich. Comp. Laws Section 38.1405
A person who, with intent to deceive, makes a false statement in a report or record required under this retirement system, or who, with...
- Saving Clause - Mich. Comp. Laws Section 38.1406
All proceedings pending and all rights and liabilities existing, acquired, or incurred under former Act No. 136 of the Public Acts of 1945 at...
- Repeal of Mcl 38.201 to 38.366 - Mich. Comp. Laws Section 38.1407
Act No. 136 of the Public Acts of 1945, as amended, being sections 38.201 to 38.366 of the Compiled Laws of 1970, is repealed.
- Administration of Retirement System as Qualified Pension Plan Created in Trust Under Internal Revenue Code; Requirements and Benefit Limitations; Qualified Military Service - Mich. Comp. Laws Section 38.1408
(1) This section is enacted pursuant to federal law that imposes certain administrative requirements and benefit limitations for qualified governmental plans. This state intends...
- Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997. - Mich. Comp. Laws
- Tier 2 Plan; Implementation - Mich. Comp. Laws Section 38.1420
Notwithstanding any other provision of this act, the Tier 2 plan under this article will be implemented by the department as soon as administratively...
- Words and Phrases in Sections 122 to 124; Date for Implementation of Tier 2 Plan - Mich. Comp. Laws Section 38.1421
(1) For the purposes of this article, the words and phrases defined in sections 122 to 124 have the meanings ascribed to them in...
- "Accumulated Balance" and "Compensation" Defined - Mich. Comp. Laws Section 38.1422
(1) "Accumulated balance" means the total balance in a qualified participant's, former qualified participant's, or refund beneficiary's individual account in Tier 2. (2) "Compensation"...
- "Employer" and "Former Qualified Participant" Defined - Mich. Comp. Laws Section 38.1423
(1) "Employer" means a reporting unit. (2) "Former qualified participant" means an individual who was a qualified participant and who terminates the employment upon...
- "Plan Document," "Qualified Participant," "Refund Beneficiary," and "State Treasurer" Defined - Mich. Comp. Laws Section 38.1424
(1) "Plan document" means the document that contains the provisions and procedures of Tier 2 in conformity with this act and the internal revenue...
- Tier 2; Department as Fiduciary and Trustee; Appointment of Advisory Board; Provisions and Procedures; Personnel and Other Services; Adoption and Compliance - Mich. Comp. Laws Section 38.1425
(1) The department shall administer Tier 2 and shall be the fiduciary and trustee of Tier 2. The department may appoint an advisory board...
- Request for Hearing; Conduct Under Administrative Procedures Act of 1969 - Mich. Comp. Laws Section 38.1426
(1) A qualified participant, former qualified participant, or refund beneficiary may request a hearing on a claim involving his or her rights under Tier...
- Investment; Direction by Qualified Participant, Former Qualified Participant, and Refund Beneficiary; Applicability of Limitations - Mich. Comp. Laws Section 38.1427
Each qualified participant, former qualified participant, and refund beneficiary shall direct the investment of the individual's accumulated employer and employee contributions and earnings to...
- Tier 2; Administrative Expenses - Mich. Comp. Laws Section 38.1428
The administrative expenses of Tier 2 shall be paid by the qualified participants, former qualified participants, and refund beneficiaries who have not closed their...
- Participation in Other Public Sector Retirement Benefits Plan; "Public Sector Employer" Defined - Mich. Comp. Laws Section 38.1429
A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer....
- Tier 2 Account; Contributions; Additional Contribution; Additional Matching Contributions by Employer - Mich. Comp. Laws Section 38.1431
(1) This section is subject to the vesting requirements of section 132. (2) Unless a qualified participant who is also a member of Tier...
- Tier 2 Accounts; Terms and Conditions - Mich. Comp. Laws Section 38.1431a
Tier 2 accounts are subject to the following terms and conditions: (a) On or before January 1, 2013, the retirement system shall design an...
- Vesting - Mich. Comp. Laws Section 38.1432
A qualified participant is immediately 100% vested in his or her contributions made to Tier 2. A qualified participant shall vest in the employer...
- Refund Beneficiary - Mich. Comp. Laws Section 38.1434
A qualified participant or former qualified participant may nominate 1 or more individuals as a refund beneficiary by filing written notice of nomination with...
- Tier 2; Eligibility to Receive Distribution; Effect of Death of Qualified Participant; Methods of Distribution - Mich. Comp. Laws Section 38.1435
(1) A qualified participant is eligible to receive distribution of his or her accumulated balance in Tier 2 upon becoming a former qualified participant....
- Exemption From State, County, Municipal, or Local Tax; Right to Setoff to Recover Overpayments - Mich. Comp. Laws Section 38.1437
(1) Distributions from employer contributions made pursuant to section 131(2) and earnings on those employer contributions, and distributions from employee contributions made pursuant to...
- Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997. - Mich. Comp. Laws
- Short Title - Mich. Comp. Laws Section 38.1501
This act shall be known and may be cited as the "municipal employees retirement act of 1984".
- Meanings of Words and Phrases - Mich. Comp. Laws Section 38.1502
For the purposes of this act, the words and phrases defined in sections 2a to 2c have the meanings ascribed to them in those
- Definitions; C to J - Mich. Comp. Laws Section 38.1502a
(1) "Certification date" means August 15, 1996. (2) "Chief judge" means the chief judge of a judicial circuit court, a judicial district court, or...
- Definitions; M - Mich. Comp. Laws Section 38.1502b
(1) "Member" means an individual who is included in the membership of the retirement system, as determined by the retirement board. (2) "Municipality" means...
- Definitions; P to V - Mich. Comp. Laws Section 38.1502c
(1) "Participating court" means a judicial circuit court, a judicial district court, or a judicial probate court that has elected to be governed by...
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Repealed. 1986, Act 291, Imd. Eff. Dec. 22, 1986. - Mich. Comp. Laws
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Retirement Board; Creation; Board as Public Corporation; Powers and Duties; Administrative Functions; Membership; Rules of Procedure; Record of Proceedings; Quorum; Voting; Term of Office; Oath; Expenses; Absence of Member From Work; Vacancy; Chairperson and Chairperson Pro Tem; Chief Executive Officer - Mich. Comp. Laws Section 38.1536
(1) A retirement board is created to administer this act. Before the certification date, the retirement board shall operate within the department of management...
- Repealed. 2004, Act 490, Imd. Eff. Dec. 28, 2004. - Mich. Comp. Laws
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Retirement Board as Trustees of Money and Other Assets; Investments; Investment Counsel; Purpose of Investments; Discretionary Authority - Mich. Comp. Laws Section 38.1539
(1) The retirement board shall be the trustees of the money and other assets of the retirement system. The board shall have full power...
- Prohibited Conduct - Mich. Comp. Laws Section 38.1540
Members of the retirement board and employees of the retirement system are prohibited from: (a) Having any beneficial interest, direct or indirect, in any...
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Annual Meeting; Selection of Members to Retirement Board; Transaction of Business; Notice of Meeting; Certification of Delegates; Conduct of Election; Nominating Procedures; Referendum - Mich. Comp. Laws Section 38.1545
(1) The retirement board shall call an annual meeting of the retirement system for the purpose of selecting members of the retirement board and...
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Repeal of Mcl 38.601 to 38.669 - Mich. Comp. Laws Section 38.1555
Act No. 135 of the Public Acts of 1945, being sections 38.601 to 38.669 of the Michigan Compiled Laws, is repealed.
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Repealed. 1993, Act 63, Eff. May 23, 1993. - Mich. Comp. Laws
- Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Mich. Comp. Laws
- Short Title - Mich. Comp. Laws Section 38.1601
This act shall be known and may be cited as the "state police retirement act of 1986".
- Meanings of Words and Phrases - Mich. Comp. Laws Section 38.1602
For the purposes of this act, the words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those
- Definitions; B to L - Mich. Comp. Laws Section 38.1603
(1) "Banked leave time program" means the part B annual leave hours within the state's annual and sick leave program approved by a ruling...
- Definitions; M to S - Mich. Comp. Laws Section 38.1604
(1) "Member", except where the context otherwise requires, means an employee of the Michigan department of state police who has subscribed to the constitutional...
- Michigan State Police Retirement System; Creation - Mich. Comp. Laws Section 38.1605
A Michigan state police retirement system is created for the state police officers who have subscribed to the constitutional oath of office.
- State Police Retirement Board; Creation; Appointment, Qualifications, and Terms of Members - Mich. Comp. Laws Section 38.1606
(1) Effective January 1, 1987, the state police retirement board is created within the department and shall consist of the following 9 members: (a)...
- State Police Retirement Board; Oath of Member; Conducting Business At Public Meeting; Notice; Quorum; Failure of Member to Attend 3 Consecutive Meetings; Availability of Writings to Public; Rules - Mich. Comp. Laws Section 38.1607
(1) A member of the retirement board, upon appointment, shall take an oath of office, which shall be filed immediately in the office of...
- State Police Retirement Board; Per Diem Compensation; Reimbursement of Expenses; Maximum Number of Meetings - Mich. Comp. Laws Section 38.1608
The per diem compensation of the retirement board and the schedule for reimbursement of expenses incurred in attending meetings of the retirement board and...
- State Treasurer as Treasurer of Retirement System; Investment Authority; Fiduciary Responsibility; Limitations on Investment of Funds; Deposit of Funds; Disposition of Income Earned by Reserves - Mich. Comp. Laws Section 38.1609
(1) The state treasurer shall be treasurer of the retirement system and shall have investment authority, including the custodianship of the funds of the...
- Warrants - Mich. Comp. Laws Section 38.1610
The retirement system shall draw its warrants upon the state treasurer, payable out of the reserves of the retirement system, for the payment of...
- Engagement of Actuary; Biennial Valuation; Risk Assumptions - Mich. Comp. Laws Section 38.1611
(1) The retirement board, in consultation with the department, shall engage an actuary, in conformance with section 261 of the management and budget act,...
- State Police Retirement Board; Chairperson; Executive Secretary - Mich. Comp. Laws Section 38.1612
The retirement board shall elect from its membership a chairperson who shall take office immediately upon election and serve until a successor is elected....
- Summary of Fiscal Transactions - Mich. Comp. Laws Section 38.1613
By April 15 of each year, the department shall furnish to the governor, the legislature, each retirant or beneficiary of a deceased retirant, and...
- Correction of Error; Benefit Payment Adjustment - Mich. Comp. Laws Section 38.1613a
If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from...
- Funding Objective of Retirement System; Annual Level Percentage of Payroll Contribution Rate; Submission of Differences to Legislature for Appropriation; Allocation and Deposit of Funds - Mich. Comp. Laws Section 38.1614
(1) The funding objective of the retirement system is to establish and receive contributions during each fiscal year that are sufficient to fully cover...
- Intent; Retirement System as Qualified Pension Plan and Trust as Exempt Organization; Administration; Employer - Financed Benefit Limitation; Use and Investment of Assets; Return of Post - Tax Member Contributions; Beginning Date of Distributions; Termination of Retirement System; Election to Rollover to Retirement Plan; Qualified Military Service - Mich. Comp. Laws Section 38.1614a
(1) This section is enacted pursuant to section 401(a) of the internal revenue code that imposes certain administrative requirements and benefit limitations for qualified...
- Reserve for Employee Contributions; Subaccounts; Transfer of Accumulated Member Contributions - Mich. Comp. Laws Section 38.1615
(1) The reserve for employee contributions is the account in which member contributions are accumulated and from which shall be made refunds and transfers...
- Reserve for Employer Contributions; Transfer of Accumulated Employer Contributions - Mich. Comp. Laws Section 38.1616
(1) The reserve for employer contributions is the account to which contributions by the state shall be credited. (2) Accumulated employer contributions shall be...
- Reserve for Retired Benefit Payments; Transfer Between Reserve for Employer Contributions and Reserve for Retired Benefit Payments - Mich. Comp. Laws Section 38.1617
(1) The reserve for retired benefit payments is the account from which shall be paid all retirement allowances and residual refunds of accumulated contributions....
- Reserve for Casualty Experience; Initial Casualty Valuation as Determining Full Funding Reserve Requirements; Allocation From Assets; Retiree Casualty Payments; "casualty" Defined - Mich. Comp. Laws Section 38.1618
(1) The reserve for casualty experience is the account in which shall be accumulated contributions by the state pursuant to actual and expected experience...
- Reserve for Undistributed Investment Income; Amounts to Be Transferred; Providing Contingency Reserves or Meeting Requirements of Other Reserve Accounts; Insufficient Balance - Mich. Comp. Laws Section 38.1619
The reserve for undistributed investment income is the account to which is credited all interest, dividends, and other income from the investment of retirement...
- Administrative Expenses; Appropriation - Mich. Comp. Laws Section 38.1620
The expenses for the administration of the retirement system shall be paid from the reserve for administrative expenses account. There shall be appropriated annually...
- Allocation of Undistributed Investment Income; Charging Amounts Allocated; Allocation Rates - Mich. Comp. Laws Section 38.1621
The department shall at least annually allocate all or a portion of undistributed investment income to the individual balances in the reserve for employee...
- Payment Date of Retirement Allowance; Payment Upon Cessation of Retirement Allowance - Mich. Comp. Laws Section 38.1622
Each retirement allowance payable under this act shall date from the first of the month following the month in which the applicant satisfies the...
- Employees of Department of State Police as Members of Retirement System; Resignation, Death, Transfer, or Dismissal of Member; Lump Sum - Mich. Comp. Laws Section 38.1623
(1) Except as otherwise provided by Act No. 59 of the Public Acts of 1935, being sections 28.1 to 28.15 of the Michigan Compiled...
- Eligibility for Retirement; Application for Retirement; Mandatory Retirement; Amount of Retirement Allowance; Death of Retirant; Appeal to Retirement Board - Mich. Comp. Laws Section 38.1624
(1) A member who has 25 years or more of credited service under this act or former Act No. 251 of the Public Acts...
- Deferred Retirement Option Plan - Mich. Comp. Laws Section 38.1624a
(1) A deferred retirement option plan is established within the defined benefit plan that is part of the retirement system, and it is to...
- Payment of Retirement Allowance to Surviving Spouse, Children, Mother, Father, Sisters, or Brothers; Payment to Deceased Member's Estate; Applicability of Supplements to Retirement Allowances and Minimum Annual Retirement Allowance Provisions; Funeral Expenses; Maximum Retirement Allowance - Mich. Comp. Laws Section 38.1625
(1) A retirement allowance shall be paid to the surviving spouse of a member of the retirement system who while in the discharge of...
- Retirement Due to Duty Incurred Disability; Amount of Retirement Allowance; Payment to Surviving Spouse or Children; Payment to Deceased Member's Estate; Maximum Retirement Allowance - Mich. Comp. Laws Section 38.1626
(1) A member who retires due to duty incurred disability after September 30, 1986, is entitled to receive a retirement allowance equal to 60%...
- Nonduty Related Death Prior to Effective Date of Retirement; Payment to Surviving Spouse or Children; Payment to Deceased Member's Estate; Prohibited Payment; Commencement of Retirement Allowance - Mich. Comp. Laws Section 38.1627
(1) If a member continues as a member of the retirement system on or after the date he or she acquires 10 years of...
- Retirement Due to Nonduty Incurred Disability; Amount of Retirement Allowance; Payment to Surviving Spouse or Children; Payment to Deceased Member's Estate - Mich. Comp. Laws Section 38.1628
(1) A member who retires due to nonduty incurred disability on or after the effective date of this act and after completing 10 years...
- Retirement Allowance on Grounds of Disability; Medical Examination; Certification of Findings; Failure to Return to Active Duty; Forfeiture of Rights - Mich. Comp. Laws Section 38.1629
(1) A physician designated by the director of public health and 2 other reputable physicians, 1 to be appointed by the department, and 1...
- Deferred Retirement Allowance in Lieu of Refund of Contributions; Amount; Commencement and Duration of Payments; Forfeiture; Payment to Surviving Spouse or Dependent Children; Effect of Reemployment; Combining Prior and Subsequent Service; Recomputation of Retirement Allowance; Service Credit for Member Not Meeting Vision Screening Standards - Mich. Comp. Laws Section 38.1630
(1) A member who resigns, dies, is transferred to a position not covered by the retirement system, or is dismissed for a reason other...
- Remarriage of Surviving Spouse - Mich. Comp. Laws Section 38.1631
The remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive the retirement allowance benefits provided for in this act,...
- Purchase of Service Credit for Active Duty With Armed Forces - Mich. Comp. Laws Section 38.1632
(1) A member of this retirement system who has accumulated 10 or more years of retirement system service credit under this act or former...
- Purchase of Service Credit for Service in Vista or Peace Corps - Mich. Comp. Laws Section 38.1633
(1) A member may elect to purchase service credit for not more than 2 years of full-time service as a volunteer in the VISTA...
- Leaving Service or Reducing Hours of Employment for Purposes of Maternity or Paternity or Child Rearing; Purchase of Service Credit - Mich. Comp. Laws Section 38.1634
(1) A member who left or leaves service as an employee of the department of state police for purposes of maternity or paternity or...
- Partial Purchase of Service Credit - Mich. Comp. Laws Section 38.1635
A member who is otherwise entitled to purchase service credit for active duty in the armed forces under section 32 for service in the...
- Reinstatement of Disability Retirant - Mich. Comp. Laws Section 38.1636
A person who retires under section 26 due to a duty incurred disability and who has been or is reinstated in active service shall...
- Supplement to Retirement Allowance Under Former Mcl 28.107(5) - Mich. Comp. Laws Section 38.1637
The supplement to the retirement allowance payable under section 7(5) of former Act No. 251 of the Public Acts of 1935, described as follows,...
- Supplement to Retirement Allowance Under Former Mcl 28.108c - Mich. Comp. Laws Section 38.1638
The supplement to the retirement allowance payable under section 8c of former Act No. 251 of the Public Acts of 1935, described as follows,...
- Supplement to Retirement Allowance on or After October 1, 1986 - Mich. Comp. Laws Section 38.1639
On or after October 1, 1986, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary who was on the rolls as...
- Monthly Retirement Allowance of Retirant or Beneficiary of Deceased Retirant; Increase in Payments; Requirements; Basis for Calculations of Future Adjustments - Mich. Comp. Laws Section 38.1639a
(1) Effective October 1, 1996, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary of a deceased retirant or member who...
- Total Retirement Allowance of Retirant or Beneficiary of Deceased Retirant; Increase; Basis for Calculations of Future Adjustments - Mich. Comp. Laws Section 38.1640
(1) Effective October 1, 1986, after the retirant and retirement allowance beneficiary monthly allowance recomputation as determined in section 39 has been determined, a...
- Retirement Allowance of Retirant or Retirement Allowance Beneficiary; Increase; Amount; Limitation - Mich. Comp. Laws Section 38.1640a
(1) Effective October 1, 1996, after the retirant's or retirement allowance beneficiary's retirement allowance is increased under section 39a or 40, as applicable, a...
- Recalculation of Retirement Allowance - Mich. Comp. Laws Section 38.1640b
The retirement system shall recalculate each retirant's or beneficiary's retirement allowance who retired under section 26 based upon the definition of last 2 years...
- Retirement Allowance Increases for Command Officers; Effect on Salary Adjustments - Mich. Comp. Laws Section 38.1641
The retirement allowance increases being given to command officers under this act shall be considered by the coordinated compensation panel of the civil service...
- Retirant Participating and Accruing Leave Time in Bank Time Hours Program Established December 22, 1957 to July 13, 1963; Supplement - Mich. Comp. Laws Section 38.1641a
(1) On or after January 1, 2007, the monthly retirement allowance payable to a retirant who participated and accrued leave time in the bank...
- Payment of Hospitalization and Medical, Dental, and Vision Coverage Insurance Premiums; Creation and Function of Health - Dental - and Vision Benefits Fund; Health Advance Funding Subaccount; Transfer of Funds - Mich. Comp. Laws Section 38.1642
(1) Hospitalization and medical coverage insurance premiums payable by a retirant or his or her retirement allowance beneficiary and his or her dependents under...
- Right of Member, Retirant, or Beneficiary to Retirement Allowance or Other Benefit - Mich. Comp. Laws Section 38.1643
The right of a member, retirant, or beneficiary to a retirement allowance, deferred retirement allowance, accumulated contributions, or other benefit under this act is...
- Transfer of Records, Personnel, Property, or Funds to Retirement System - Mich. Comp. Laws Section 38.1644
Effective January 1, 1987, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Michigan state police, pension, accident and...
- General Administration, Management, and Responsibility for Operation of Retirement System - Mich. Comp. Laws Section 38.1645
Through December 31, 1986, the general administration, management, and responsibility for the operation of the retirement system created by this act shall continue to...
- Savings Clause - Mich. Comp. Laws Section 38.1646
All proceedings pending and all rights and liabilities existing, acquired, or incurred under former Act No. 251 of the Public Acts of 1935 at...
- Repeal of Mcl 28.101 to 28.110 - Mich. Comp. Laws Section 38.1647
Act No. 251 of the Public Acts of 1935, being sections 28.101 to 28.110 of the Michigan Compiled Laws, is repealed.
- Effective Date; Exceptions - Mich. Comp. Laws Section 38.1648
Except as provided in sections 6 and 44, this act shall take effect October 1, 1986.
- Short Title - Mich. Comp. Laws Section 38.1681
This act shall be known and may be cited as the "public employee retirement benefit protection act".
- Definitions - Mich. Comp. Laws Section 38.1682
As used in this act: (a) "Department" means the department of management and budget. (b) "Employer contributions" means the amount transferred by an employer...
- Rights Not Subject to Process of Law or Assignment - Mich. Comp. Laws Section 38.1683
The right of a member or retirant of a retirement system to a retirement benefit shall not be subject to execution, garnishment, attachment, the...
- Rights Subject to Forfeiture and Domestic Relations Orders - Mich. Comp. Laws Section 38.1684
(1) The right of a member or retirant to a retirement benefit described in section 3 is subject to forfeiture under the public employee...
- Award or Order Requiring Withholding Payments; Limitations - Mich. Comp. Laws Section 38.1685
If an award or order described in section 4 requires a retirement system to withhold payment of a retirement benefit or requires the retirement...
- Benefit Payments; Establishment of Arrangement and Fund - Mich. Comp. Laws Section 38.1686
(1) A retirement system may elect by a majority vote of its governing body to establish and administer an arrangement and fund to pay...
- Retirement System and Benefits Subject to Mcl 800.401 to 800.406 - Mich. Comp. Laws Section 38.1687
The retirement system and retirement benefits shall be subject to claims made under the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401...
- Loan Eligibility; Correcting Records and Recovering Overpayments - Mich. Comp. Laws Section 38.1688
(1) This act is not intended to prohibit a member or retirant from receiving a loan from the retirement system if the retirement system...
- Retirants Eligible for Election to Governing Board; Equal Treatment; Compensation; Definitions - Mich. Comp. Laws Section 38.1688a
(1) A retirement system that has both members and retirants of its retirement system eligible to be elected to the position of member of...
- Notification of Disqualification From U. S. Internal Revenue Service - Mich. Comp. Laws Section 38.1689
If the department receives notification from the United States internal revenue service that this act or any portion of this act will cause any...
- Short Title - Mich. Comp. Laws Section 38.1701
This act shall be known and may be cited as the "eligible domestic relations order act".
- Definitions - Mich. Comp. Laws Section 38.1702
As used in this act: (a) "Alternate payee" means a spouse of a participant under a judgment of separate maintenance, or a former spouse,...
- Right of Alternate Payee to Share of Benefit Payable to Participant; Payment of Benefit Pursuant to Edro - Mich. Comp. Laws Section 38.1703
Subject to the requirements of this act, an alternate payee is entitled to an actual interest in a share of a benefit that is...
- Payment of Benefit to Alternate Payee Under Edro; Effective Date; Form - Mich. Comp. Laws Section 38.1704
Except as otherwise provided in this act, the payment of a benefit to an alternate payee under an EDRO and this act shall begin...
- Election by Alternate Payee to Receive Interest in Benefit After Participant's Earliest Retirement Date, but Before Termination of Employment Date; Recalculation of Benefit if Participant Retires Before Age 60 - Mich. Comp. Laws Section 38.1705
(1) An EDRO may provide for the payment of a benefit to an alternate payee beginning on or after the participant's earliest retirement date...
- Spouse Under Judgment of Separate Maintenance or Former Spouse Considered in Edro as Surviving Spouse for Purpose of Receiving Retirement Benefit; Benefit Amount - Mich. Comp. Laws Section 38.1706
An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant...
- Death of Alternate Payee Before Interest in Benefit Paid; Reversion - Mich. Comp. Laws Section 38.1707
If an alternate payee under this act dies before receiving any payment of his or her interest in a benefit pursuant to this act...
- Creation, Assignment, or Recognition of Alternate Payee's Right to Interest in Benefit Share Not Prohibited Assignment Under Retirement System - Mich. Comp. Laws Section 38.1708
The creation, assignment, or recognition of a right of an alternate payee to an actual interest in a share of a benefit that is...
- Determination by Retirement System Whether Domestic Relations Order Is Edro; Procedure; Notice - Mich. Comp. Laws Section 38.1709
Each retirement system shall establish a reasonable procedure to determine if a domestic relations order is an EDRO under this act. The retirement system...
- Determination by Retirement System Whether Domestic Relations Order Is Edro; Notice; Filing Amended Domestic Relations Order With Retirement System - Mich. Comp. Laws Section 38.1710
The retirement system shall, within a reasonable period of time after receiving a domestic relations order, determine if the domestic relations order is an...
- Status of Domestic Relations Order Filed With Retirement System Before Effective Date of Act - Mich. Comp. Laws Section 38.1711
A domestic relations order filed with the retirement system before the effective date of this act is considered an EDRO under this act if...
- Short Title - Mich. Comp. Laws Section 38.2101
This act shall be known and may be cited as "the judges retirement act of 1992".
- Meanings of Words and Phrases - Mich. Comp. Laws Section 38.2102
For the purposes of this act, the words and phrases defined in this article have the meanings ascribed to them in those sections.
- Definitions; A - Mich. Comp. Laws Section 38.2103
(1) "Accumulated contributions" means the balance standing to the member's credit in the reserve for member contributions. The balance includes member contributions and interest...
- Definitions; C, D - Mich. Comp. Laws Section 38.2104
(1) "Compensation" means 1 of the following: (a) For a plan 1 member or plan 2 member, the salary paid by this state. (b)...
- Definitions; E, F - Mich. Comp. Laws Section 38.2105
(1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means 1 or more of the following: (a) An...
- Definitions; I to M - Mich. Comp. Laws Section 38.2106
(1) "Interest" means the rate or rates of interest per annum, compounded annually, as determined by the retirement board. (2) "Internal revenue code" means...
- Definitions; O - Mich. Comp. Laws Section 38.2107
(1) "Option A beneficiary" means the retirement allowance beneficiary designated by the member under section 506(1)(a). (2) "Option B beneficiary" means the retirement allowance...
- Definitions; P - Mich. Comp. Laws Section 38.2108
(1) "Plan 1 member" means a member or vested former member who is or was the governor, lieutenant governor, secretary of state, attorney general,...
- Definitions; R - Mich. Comp. Laws Section 38.2109
(1) "Refund beneficiary" means 1 or more persons whom the member, vested former member, or retirant nominates under section 405 for the purpose of...
- Definitions; S - Mich. Comp. Laws Section 38.2110
(1) "Salary standardization payment" means the amount of money payable by this state to a county, a city, or a district control unit for...
- "tier 1" and "tier 2" Defined - Mich. Comp. Laws Section 38.2110a
(1) "Tier 1" means the retirement plan available under this act to a member who first became a judge or state official before March...
- Definitions; V - Mich. Comp. Laws Section 38.2111
"Vested former member" means a member who is entitled to a deferred vested service retirement allowance under section 502.
- Michigan Judges Retirement System; Creation; Purpose - Mich. Comp. Laws Section 38.2201
The Michigan judges retirement system is created for judges and state officials.
- Michigan Judges Retirement Board; Creation Within Department; Membership; Terms; Vacancy; Compensation and Expenses - Mich. Comp. Laws Section 38.2202
(1) The Michigan judges retirement board is created in the department. The retirement board consists of the following 5 retirement board members: (a) The...
- Retirement Board Member; Oath; Quorum; Unexcused Absences; Election of Chairperson and Vice Chairperson - Mich. Comp. Laws Section 38.2203
(1) Each appointed retirement board member, before assuming office, shall take an oath of office. An appointed retirement board member shall immediately file the...
- Retirement Board; Duties Pursuant to Mcl 16.101 to 16.608; Rules; Conducting Business At Public Meeting; Writings Available to Public - Mich. Comp. Laws Section 38.2204
(1) The retirement board has the rights, authority, and discretion in the proper discharge of retirement board duties pursuant to the executive organization act...
- Management Functions; Director of Bureau of Retirement Systems as Executive Secretary; Employees - Mich. Comp. Laws Section 38.2205
The department shall be responsible for the budgeting, procurement, and related management functions of the retirement system. The director of the bureau of retirement...
- State Treasurer as Treasurer of Retirement System; Authority; Duties - Mich. Comp. Laws Section 38.2206
(1) The state treasurer is the treasurer of the retirement system. The state treasurer has investment authority, including the custodianship of the funds of...
- Attorney General as Retirement Board Attorney - Mich. Comp. Laws Section 38.2207
The attorney general is the legal adviser to the retirement board and shall act as the retirement board's attorney. The attorney general shall represent...
- Administration of Retirement System - Mich. Comp. Laws Section 38.2208
The retirement system shall draw its warrants upon the state treasury, payable out of funds of the retirement system, for the payment of retirement...
- Annual Report - Mich. Comp. Laws Section 38.2209
The retirement system shall prepare an annual report for each fiscal year. The annual report shall contain information regarding the financial, actuarial, and other...
- Reserve for Member Contributions - Mich. Comp. Laws Section 38.2210
The reserve for member contributions is created. The retirement system shall deposit contributions from the compensation of members, and other member payments as provided...
- Reserve for Employer Contributions - Mich. Comp. Laws Section 38.2211
The reserve for employer contributions is created. The retirement system shall credit to the reserve for employer contributions all court fees, late fees, and...
- Reserve for Retirement Benefits - Mich. Comp. Laws Section 38.2212
The reserve for retirement benefits is created. The retirement system shall pay all retirement allowances and residual accumulated contributions of deceased retirees from the...
- Reserve for Investment Income - Mich. Comp. Laws Section 38.2213
(1) The reserve for investment income is created. The state treasurer shall credit to the reserve for investment income all interest, dividends, and other...
- Reserve for Health Benefits - Mich. Comp. Laws Section 38.2214
The reserve for health benefits is created. The retirement system shall deposit into the reserve for health benefits the member contributions for health benefits...
- Postretirement Medical Benefits - Mich. Comp. Laws Section 38.2214a
(1) Following the date of the determination described in subsection (11) and following the date of the election made under subsection (4), the retirement...
- Determination of Actuarial Cost; Establishing Method; Calculation - Mich. Comp. Laws Section 38.2215
The retirement board and the department shall establish the method of determining the actuarial cost. The actuary shall calculate the actuarial cost based upon...
- Compliance With Reciprocal Retirement Act - Mich. Comp. Laws Section 38.2216
The retirement system shall comply with the reciprocal retirement act, 1961 PA 88, MCL 38.1101 to 38.1106, if a resolution electing to come under...
- Court Fee Fund; Applicability of Section - Mich. Comp. Laws Section 38.2217
(1) A court fee fund is created in the state treasury. The state treasurer shall deposit into the court fee fund all money received...
- Actuary; Duties - Mich. Comp. Laws Section 38.2301
(1) The retirement system shall direct the actuary to do all of the following: (a) Determine the annual level percent of payroll contribution rate...
- Annual Appropriation; Determination and Certification of Amount - Mich. Comp. Laws Section 38.2302
(1) Except as provided in subsection (2), the legislature shall annually appropriate to the retirement system the amount determined under subsection (2) in order...
- Thirty - Sixth District Court; Annual Contribution; Amount; Plan 3b or 3c Member Supplemental Salary Payment - Mich. Comp. Laws Section 38.2303
(l) The reporting unit for the district court in the thirty-sixth district shall contribute annually to the retirement system for each member who is...
- Deposit of Court Fees, Late Fees, and Interest Payments - Mich. Comp. Laws Section 38.2304
(1) Except as provided in subsection (4), the retirement system shall transmit all court fees received by the executive secretary and all late fees...
- Contributions; Plan Member Classification; Manner of Payment; Withholding Payment to County or District Control Unit for Contributions Not Received Within 60 Days - Mich. Comp. Laws Section 38.2305
(1) Each member, upon taking office and so long as he or she remains in office, shall make contributions to the retirement system according...
- Member Contributions Picked Up by State; Tax Treatment; Contributions Picked Up by Employer of Judge in Detroit Recorder's Court, Thirty - Sixth District Court, or Probate Court or by Resolution or Act of Governing Body; Contributions Picked Up by State Pursuant to Mcl 38.2402, Mcl 38.2403, or Mcl 38.2404 - Mich. Comp. Laws Section 38.2306
(1) This state shall pick up member contributions required by section 305 for all compensation paid after December 31, 1982, for members who receive...
- Disposition of Unclaimed Retirement Allowance or Money Payable on Separation or Death - Mich. Comp. Laws Section 38.2307
Upon the separation from service by a member or upon the death of a retirant, a retirement allowance beneficiary, or a refund beneficiary, any...
- Offsetting Benefits Against Amounts Owed; Forfeiture of Service Credit for Transfer to Federal Agency; Rights Subject to Public Employee Retirement Benefit Protection Act - Mich. Comp. Laws Section 38.2308
(1) The retirement system may offset retirement benefits or refunds payable under this act against amounts owed to the retirement system by a member,...
- Retirement System; Members; Membership Form; Conditions for Ceasing Membership - Mich. Comp. Laws Section 38.2401
(1) Each of the following is a member of the retirement system: (a) A person who is duly elected or appointed as a judge...
- Exclusion From Tier 1; Eligibility as Qualified Participant in Tier 2 - Mich. Comp. Laws Section 38.2401a
(1) Notwithstanding section 401, an individual described in this subsection is not a member of the Tier 1 retirement plan: (a) An individual who...
- Retirement Board; Determining Service Credits; Forfeiture; Reinstatement; Service Credit for Limited Period or Specific Assignment - Mich. Comp. Laws Section 38.2402
(1) The retirement board shall credit each member with the number of years and months of service for which the member performed service as...
- Election to Purchase Other Public Service Credit; Request; Documentation; Payment of Actuarial Cost; Basis for Calculating Service Credit - Mich. Comp. Laws Section 38.2403
(1) A member who has 4 or more years of membership service may elect to purchase service credit for other public service by filing...
- Election to Purchase Active Duty Service Credit; Request; Documentation; Payment to Reserve; Basis for Calculating Service Credit - Mich. Comp. Laws Section 38.2404
(1) A member who has 12 or more years of credited service may elect to purchase not more than 2 years of service credit...
- Accumulated Contributions; Payment to Person Ceasing to Be Member; Payment to Refund Beneficiary Before Retirement Allowance Is Payable; Payment to Refund Beneficiary if Retirant and Option a Beneficiary, Option B Beneficiary, or Spouse Dies; Nomination of Refund Beneficiary - Mich. Comp. Laws Section 38.2405
(1) Except as otherwise provided in this act, if a person ceases to be a member before satisfying the age and service requirements for...
- Retirant Authorized by Supreme Court to Perform Judicial Duties for Limited Period or Specific Assignment; Retirant Elected or Appointed by Governor as Judge or State Official - Mich. Comp. Laws Section 38.2406
(1) If a retirant is authorized by the supreme court to perform judicial duties for a limited period or a specific assignment pursuant to...
- Retirement Allowance; Requirements; Application; Form; Retirement Date; Beginning Payment - Mich. Comp. Laws Section 38.2501
(1) A member or vested former member who has 4 or more years of membership service and who meets 1 or more of the...
- Early Retirement Benefits Act; System Subject to Regulation - Mich. Comp. Laws Section 38.2501a
This retirement system is subject to the regulation of early retirement benefits act.
- Vested Former Member; Entitlement to Deferred Vested Service Retirement Allowance; Forfeiture - Mich. Comp. Laws Section 38.2502
A member who leaves office for a reason other than the member's retirement or death, who does not withdraw accumulated contributions, and who satisfies...
- Member or Vested Former Member; Payment of Straight Life Retirement Allowance; Calculation; Payment for Lifetime of Retirant; Election of Optional Retirement Allowance - Mich. Comp. Laws Section 38.2503
(1) Upon retirement as provided in this act, the retirement system shall pay to the member or vested former member a straight life retirement...
- Plan 3 Member; Conversion of $2,250.00 of State Salary Standardization Payment; Exemptions; Limitations; State Base Salary of Probate Court Judge; Deduction and Transfer of Contribution - Mich. Comp. Laws Section 38.2504
(1) Except as otherwise provided in this subsection, a judge who is a plan 3 member shall convert $2,250.00 of the state salary standardization...
- Plan 3 Member; Election; Filing; Manner; Payment; Definitions; Applicability of Section - Mich. Comp. Laws Section 38.2504a
(1) A judge who is a plan 3 member may make the election prescribed in this subsection during the election period. A judge who...
- Salary Standardization Payment as Wages for Social Security Reporting Purposes - Mich. Comp. Laws Section 38.2505
For a member who is a judge and who is receiving a state-paid salary, the salary standardization payment is considered wages for social security...
- Election of Straight Life Retirement Allowance or Optional Retirement Allowance - Mich. Comp. Laws Section 38.2506
(1) Upon application for retirement under this act, a member or vested former member who meets the requirements of section 501 may elect to...
- Disability; Determination by Medical Adviser; Notice to Appeal; Determination by Medical Committee; Refusal to Submit to Medical Examination; Payment - Mich. Comp. Laws Section 38.2507
(1) A member who has 8 or more years of credited service and who is physically or mentally totally disabled to perform his or...
- Death of Member With 8 or More Years of Credited Service or of Vested Former Member Before Retirement; Payment of Retirement Allowance - Mich. Comp. Laws Section 38.2508
(1) If a member who has 8 or more years of credited service dies while in office or if a vested former member dies...
- Hospital and Medical - Surgical and Sick Care Benefits; Payment of Premiums - Mich. Comp. Laws Section 38.2509
(1) The retirement system shall pay the premium for hospital and medical-surgical and sick care benefits for a retirant who, as a member, served...
- Effective Date of Retirement Before January 1, 1980; Exception; Supplement - Mich. Comp. Laws Section 38.2510
(1) Effective June 1, 1996, the retirement allowance payable to a retirant or beneficiary of a deceased retirant whose effective date of retirement was...
- Effective Date of Retirement Before January 1, 1980; Supplement; Minimum Amount; Retirant or Beneficiary Receiving Annuity or Allowance From Another Publicly Supported System; Former Probate Judges Retirement System - Mich. Comp. Laws Section 38.2511
(1) Except as provided in subsection (2), the retirement allowance payable to a retirant whose effective date of retirement was before January 1, 1980...
- Supplemented Retirement Allowance - Mich. Comp. Laws Section 38.2512
(1) A person may elect to receive a supplemented retirement allowance if the person meets all of the following requirements: (a) The person is...
- False Statement or Violation as Misdemeanor; Penalty - Mich. Comp. Laws Section 38.2601
A person who, with intent to deceive, makes a false statement in a report or record required under this retirement system, or who, with...
- Change or Error in Records; Adjustment - Mich. Comp. Laws Section 38.2602
If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from...
- Retirement Board Member or Employee; Prohibited Acts - Mich. Comp. Laws Section 38.2603
Except as provided in this act, a retirement board member or employee of the retirement board shall not have any interest, direct or indirect,...
- Intent of Act; Employer - Financed Benefits; Limitations; Use of Assets; Returning Post - Tax Member Contributions; Beginning Date of Distributions; Minimum Distribution Requirements; Termination of Retirement System; Election to Rollover to Retirement Plan; Interest Rate; Consideration of Compensation; Qualified Military Service - Mich. Comp. Laws Section 38.2604
(1) This section is enacted pursuant to section 401(a) of the internal revenue code, 26 USC 401, that imposes certain administrative requirements and benefit...
- Effect of Proceedings, Rights, and Liabilities Existing Under Former Judges Retirement System or Former Probate Judges Retirement System - Mich. Comp. Laws Section 38.2605
All proceedings pending and all rights and liabilities existing, acquired, or incurred under the former judges retirement system or former probate judges retirement system...
- Transfer of Assets, Rights, and Obligations Under Former Retirement Systems to Judges Retirement System - Mich. Comp. Laws Section 38.2606
All assets, rights, and obligations under the former judges retirement system and former probate judges retirement system are transferred to this retirement system. These...
- Repeal of Mcl 38.801 to 38.831, 38.901 to 38.933, and 600.2530a - Mich. Comp. Laws Section 38.2607
(1) Act No. 198 of the Public Acts of 1951, being sections 38.801 to 38.831 of the Michigan Compiled Laws and Act No. 165...
- Conditional Effective Date - Mich. Comp. Laws Section 38.2608
This act shall not take effect unless House Bill No. 6097 of the 86th Legislature is enacted into law.
- Participation in Tier 1 or Tier 2 by Member, Vested Former Member, or Former Nonvested Member; Election; Writing; Irrevocability; Method; Election Subject to Domestic Relations Order Act; Disqualification for Tax Purposes; Election Not Implemented Due to Court Order - Mich. Comp. Laws Section 38.2651
(1) The retirement system shall provide an opportunity for each member who is a member on March 30, 1997, to elect in writing to...
- Participation of Judge of Circuit Court, Probate Court, or District Court in Tier 1 or Tier 2; Election; Window of Opportunity; Method; Disqualification for Tax Purposes - Mich. Comp. Laws Section 38.2651a
(1) Except as otherwise provided in subsection (3), the retirement system shall provide an opportunity for each judge of the circuit court, probate court,...
- Election Pursuant to Mcl 38.2651 or Mcl 38.2651a - Mich. Comp. Laws Section 38.2651b
(1) A member who makes and files a written election under section 701a(1) or an individual who makes and files a written election under...
- Termination of Membership; Transfer, Recomputation, and Calculation by Retirement System - Mich. Comp. Laws Section 38.2652
(1) For a member who elects to terminate membership in Tier 1 under section 701(1), the retirement system shall direct the state treasurer to...
- Termination of Membership in Tier 1 Pursuant to Mcl 38.2651a; Definitions; Transfer to Account in Tier 2; Calculation; Disqualification for Tax Purposes - Mich. Comp. Laws Section 38.2652a
(1) For a member who elects to terminate membership in Tier 1 under section 701a(1), the retirement system shall direct the state treasurer to...
- Calculation and Submission of Cost Savings - Mich. Comp. Laws Section 38.2653
After consulting the retirement system's actuary, the department of management and budget shall calculate for each fiscal year any cost savings that have accrued...
- Meanings of Words and Phrases; "accumulated Balance" Defined - Mich. Comp. Laws Section 38.2654
(1) For the purposes of this article, the words and phrases defined in this section and sections 705 to 710 have the meanings ascribed...
- "employer,""former Qualified Participant," and "health Benefit Dependent" Defined - Mich. Comp. Laws Section 38.2655
(1) "Employer" means this state. (2) "Former qualified participant" means an individual who was a qualified participant and who terminates the employment upon which...
- "qualified Participant,""refund Beneficiary,""salary," and "state Treasurer" Defined - Mich. Comp. Laws Section 38.2656
(1) "Qualified participant" means an individual who is a participant of Tier 2 and who meets 1 of the following requirements: (a) An individual...
- Administration of Tier 2 by State Treasurer - Mich. Comp. Laws Section 38.2657
(1) The state treasurer shall administer Tier 2 and shall invest the assets of Tier 2. The state treasurer is the fiduciary and trustee...
- Hearing - Mich. Comp. Laws Section 38.2658
(1) A qualified participant, former qualified participant, health benefit dependent, or refund beneficiary may request a hearing on a claim involving his or her...
- Direction of Investment by Qualified Participant, Former Qualified Participant, and Refund Beneficiary - Mich. Comp. Laws Section 38.2659
Each qualified participant, former qualified participant, and refund beneficiary shall direct the investment of the individual's accumulated employer and employee contributions and earnings to...
- Administrative Expenses - Mich. Comp. Laws Section 38.2660
The administrative expenses of Tier 2 shall be paid by the qualified participants, former qualified participants, and refund beneficiaries who have not closed their...
- Participation in Other Retirement Benefits Plan; Prohibition - Mich. Comp. Laws Section 38.2661
(1) A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector...
- Judge or State Official; Election Not to Participate or to Discontinue Participation in Tier 2 - Mich. Comp. Laws Section 38.2662
An individual who first becomes a judge or state official on or after March 31, 1997 may irrevocably elect not to become a qualified...
- Election to Terminate Membership in Tier 1; Credit or Charge to Tier 2 Account - Mich. Comp. Laws Section 38.2663
(1) The state treasurer shall promptly credit the Tier 2 account of a qualified participant who makes an election under section 701 or 701a...
- Contributions by Employer and Participant - Mich. Comp. Laws Section 38.2664
(1) This section is subject to the vesting requirements of section 715. (2) A qualified participant's employer shall contribute to the qualified participant's account...
- Vesting Requirements - Mich. Comp. Laws Section 38.2665
(1) A qualified participant is immediately 100% vested in his or her contributions made to Tier 2. A qualified participant shall vest in the...
- Participation in Tier 2; Crediting Years of Service Accrued Under Tier 1 - Mich. Comp. Laws Section 38.2666
A qualified participant who was a member, deferred vested member, or former nonvested member of Tier 1 who makes an election to participate in...
- Refund Beneficiary - Mich. Comp. Laws Section 38.2667
A qualified participant or former qualified participant may nominate 1 or more individuals as a refund beneficiary by filing written notice of nomination with...
- Methods of Distribution - Mich. Comp. Laws Section 38.2668
(1) A qualified participant is eligible to receive distribution of his or her accumulated balance in Tier 2 upon becoming a former qualified participant....
- Health Insurance Coverage - Mich. Comp. Laws Section 38.2669
(1) A former qualified participant may elect health insurance benefits in the manner prescribed in this section if he or she meets both of...
- Distributions; Exemption From Tax; Subject to Taxation Beginning January 1, 2012; Right of Setoff to Recover Overpayments; Satisfaction of Claims Arising From Embezzlement or Fraud; Correction of Errors - Mich. Comp. Laws Section 38.2670
(1) Except as otherwise provided in this section, distributions under Tier 1 or Tier 2 from employer contributions and earnings on those employer contributions,...
- Short Title - Mich. Comp. Laws Section 38.2701
This act shall be known and may be cited as the "public employee retirement benefits forfeiture act".
- Definitions - Mich. Comp. Laws Section 38.2702
As used in this act: (a) "Felony arising out of his or her service as a public employee" means 1 or more of the...
- Forfeiture of Retirement Rights - Mich. Comp. Laws Section 38.2703
A member or retirant who is convicted of or who enters a nolo contendere plea accepted by a court for a felony arising out...
- Court; Forfeiture Orders; Delivery to Retirement System - Mich. Comp. Laws Section 38.2704
(1) If a member or retirant is convicted of or enters a nolo contendere plea accepted by the court for a felony arising out...
- Retirement System; Compliance With Court Order - Mich. Comp. Laws Section 38.2705
(1) The retirement system shall comply with an order of the court described in section 4. The retirement system shall not pay to a...
- Transfer of Authority and Duties Relative to the Deferred Compensation Plans and Defined Contribution Plan From the State Treasurer to the Director of the Department of Management and Budget by Type II Transfer - Mich. Comp. Laws Section 38.2721
38.2721 Transfer of authority and duties relative to the deferred compensation plans and defined contribution plan from the state treasurer to the director of...
- Short Title; Meanings of Words and Phrases - Mich. Comp. Laws Section 38.2731
(1) This act shall be known and may be cited as the "public employee retirement health care funding act". (2) For purposes of this...
- Definitions; D to H - Mich. Comp. Laws Section 38.2732
(1) "Department" means the department of technology, management, and budget. (2) "Employer contributions" means the amount transferred by an employer to a funding account...
- Definitions; M to P - Mich. Comp. Laws Section 38.2732a
(1) "Mandatory contributions" means mandatory amounts contributed by a participating member, which amounts, to the extent permitted by applicable law, are treated as a...
- Definitions; R to V - Mich. Comp. Laws Section 38.2732b
(1) "Retirement act" means 1 or more of the following: (a) The state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69. (b)...
- Irrevocable Trust; Authorization; Creation; Establishment; Governing Board of Each Retirement System as Grantor; Members of Retirement System Board as Trustees; Deposits; Distributions; Funding Account; Preparation of Annual Financial Statements; Establishment and Maintenance of Health Reimbursement Accounts; Separate Prefunding Account - Mich. Comp. Laws Section 38.2733
(1) One irrevocable trust is authorized and created by this act for each retirement system. An irrevocable trust established under this subsection shall at...
- Assets as Irrevocable - Mich. Comp. Laws Section 38.2734
(1) Except as otherwise provided in this section and sections 8 and 17, assets contributed to the irrevocable trust are irrevocable and may not...
- Assets; Use; Limitation - Mich. Comp. Laws Section 38.2735
The assets of the irrevocable trust are to be used solely to perform this essential function of state government. The trust shall only provide...
- Assets Not Subject to Certain Processes of Law - Mich. Comp. Laws Section 38.2736
The assets of the irrevocable trust and the ability of a member or past member of a retirement system to receive retirement health care...
- Assets; Diversion for Other Purposes Prohibited - Mich. Comp. Laws Section 38.2737
The assets of the irrevocable trust shall be used exclusively for the benefit of past members and their funding account dependents and shall not...
- Remaining Trust Assets; Dissolution; Distribution; Remaining Health Reimbursement Account Assets - Mich. Comp. Laws Section 38.2738
(1) Any assets remaining in the funding account after all payments for eligible retirement health care benefits have been paid and all other liabilities...
- Written Trust Agreement; Contents - Mich. Comp. Laws Section 38.2739
The written trust agreement for each retirement system shall contain all of the following provisions consistent with this act: (a) Recitals describing the creation...
- Retirement Health Care Benefits; Prefunding; Credit to Funding Account; Contribution or Credit to Health Reimbursement Account - Mich. Comp. Laws Section 38.2740
(1) This state, an employer of a member within a retirement system, a member, or any other person may contribute amounts to a funding...
- Health Reimbursement Account; Vesting; Rights - Mich. Comp. Laws Section 38.2740a
(1) A member or participating member is 100% vested in mandatory contributions and voluntary contributions made to his or her health reimbursement account, subject...
- Written Plan Document; Terms and Conditions of Payments of Retirement Health Care Benefits and Reimbursements of Medical Expenses - Mich. Comp. Laws Section 38.2741
(1) The trustees shall establish a separately written plan document that governs the terms and conditions of payments of retirement health care benefits and...
- Severability - Mich. Comp. Laws Section 38.2742
(1) If the department receives notification from the United States internal revenue service that this act or any portion of this act will cause...
- Trusts; Validity - Mich. Comp. Laws Section 38.2743
The trusts created by this act shall not be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated...
- Taxation of Assets and Income; Exemption - Mich. Comp. Laws Section 38.2744
All assets and income of the trusts shall be exempt from taxation by this state or any political subdivision of this state. Except as...
- Trustee; Exception From Certain Responsibilities; Indemnification - Mich. Comp. Laws Section 38.2745
(1) A trustee shall not be any of the following: (a) Personally liable for any liability, loss, or expense suffered by the trust, unless...
- Correction of Error by Trustees - Mich. Comp. Laws Section 38.2747
If a change or error in any records of the trust results in a member, past member, or his or her dependent paying into...
Last modified: March 17, 2013
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