Michigan Compiled Laws - Civil Service And Retirement

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• 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 words ...
• 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 the ...
• 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 act. ...
• 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 the ...
• Definitions; E - Mich. Comp. Laws Section 38.1d
  (1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means an individual retirement account described in section 408(a) of ...
• 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 years ...
• 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 all ...
• 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 30, ...
• 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 interest ...
• 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 be ...
• 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, the ...
• 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 auditor ...
• 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 shall ...
• 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 immediately ...
• 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 reinvest ...
• 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 designated ...
• 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 reserve ...
• 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 treasurer ...
• 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 service. ...
• 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 eligible ...
• 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 same ...
• 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 of ...
• 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 Section 38.17e, 38.17f
  Compiler's Notes: The repealed sections pertained to purchase of service credit as manager of department fee branch office or service in VISTA or peace ...
• 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 school ...
• 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, county, ...
• 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 a ...
• 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, 17m, ...
• Repealed. 1998, Act 205, Eff. Aug. 1, 1998 - Mich. Comp. Laws Section 38.17k
  Compiler's Notes: The repealed section pertained to purchase of approved medical leave. ...
• 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 under ...
• 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 if ...
• 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 or ...
• 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 is ...
• 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
  (a) On the effective date of his or her retirement, 1 of the following applies: (i) The member has attained age 60 and has 10 ...
• Right To Retire And Receive Retirement Allowance Computed Under S 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 following ...
• Right To Retire And Receive Retirement Allowance Computed Under S 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 following ...
• Right To Retire And Receive Retirement Allowance Computed Under S 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 following ...
• Right To Retire And Receive Retirement Allowance Computed Under S 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 following ...
• 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 following ...
• 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 following ...
• 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 following ...
• 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 Of Retirement Allowance; 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) Upon his or her retirement, as provided for in section 19, 19a, 19b, 19c, or 19d, a member shall receive a retirement allowance equal ...
• 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 increased ...
• 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, 1973, ...
• 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 or ...
• 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, 1956, ...
• 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 1, ...
• 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 retirement ...
• 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 October ...
• 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 injury ...
• 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 allowance ...
• 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 injury ...
• 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 Section 38.26
  Compiler's Notes: The repealed section provided for non-duty disability retirement allowance to public employees before age 60. ...
• 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 out ...
• 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 date ...
• 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 deferred ...
• 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 section ...
• 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 ...
• Repealed. 1974, Act 216, Imd. Eff. July 19, 1974 - Mich. Comp. Laws Section 38.35-38.37
  Compiler's Notes: The repealed sections pertained to payroll deduction of contributions to employees' savings fund. ...
• 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 Computation 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
  (2) The contribution rate for monthly benefits payable in the event of the death of a member before retirement or the disability of a member ...
• Repealed. 1982, Act 316, Imd. Eff. Oct. 18, 1982 - Mich. Comp. Laws Section 38.39
  Compiler's Notes: The repealed section pertained to payment of appropriation into employer's accumulation fund. ...
• 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 Public Employee Retirement Benefit Protection Law - Mich. Comp. Laws Section 38.40
  The right of a person to a pension, an annuity, a retirement allowance, any optional benefit, any other right accrued or accruing to any ...
• 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 Section 38.43
  Compiler's Notes: The repealed section pertained to contributions made to dissolved authority and transfer to retirement plan of successor agency. ...
• 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 transfer ...
• 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 continue ...
• 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 of ...
• 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 the ...
• 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 is ...
• Administration Of Retirement System As Qualified Pension Plan Under Internal Revenue Code; Requirements And Benefit Limitations - 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 limitations ...
• 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 - 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 30, ...
• 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 transfer ...
• 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 69 ...
• 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 virtue ...
• 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 code. ...
• 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 of ...
• 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 rights ...
• 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 section ...
• 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 in ...
• 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 time ...
• 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 who makes an election to participate in Tier ...
• 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. (2) ...
• Duty Disability Retirement Allowance; Supplemental Benefit; Health Insurance Coverage - Mich. Comp. Laws Section 38.67a
  (1) Except as otherwise provided in section 33, a qualified participant who becomes totally incapacitated for duty because of a personal injury or disease shall ...
• 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 the ...
• 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 ...
• Employment Of Retiree Receiving Retirement Allowance; Cessation Of Retirement Payment; Applicability; Coordination Of Benefits Provision - Mich. Comp. Laws Section 38.68c
  (2) A hospital, medical-surgical, and sick care benefits plan, dental plan, vision plan, and hearing plan that covers retirants, retirant allowance beneficiaries, former qualified participants, ...
• 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 pursuant ...
• "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 or ...
• "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
  History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.74 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993 ;-- ...
• 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), a teacher is in a probationary period during his or her first 4 full school years of employment. ...
• Probationary Period; Granting Third Year Of Probation. - 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. However, upon notice to ...
• Controlling Board; Statements Of Performance And Notices Of Dismissal, Issuance To Probationary Teachers - Mich. Comp. Laws Section 38.83
  At least 60 days before the close of each school year the controlling board shall provide the probationary teacher with a definite written statement ...
• Teacher In Probationary Period; Individualized Development Plan; Performance Evaluation; Failure To Comply With Subsection (1) As Evidence Of Satisfactory Performance - Mich. Comp. Laws Section 38.83a
  (1) If a probationary teacher is employed by a school district for at least 1 full school year, the controlling board of the probationary teacher's ...
• 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. History: Add. 1963, Act 242, ...
• 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 shall be employed continuously by the controlling board under which the probationary period has ...
• 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; Individualized Development Plan; Performance Evaluation; Failure To Comply With Subsection (1) As Evidence Of Satisfactory Performance - Mich. Comp. Laws Section 38.93
  (1) The controlling board of the school district employing a teacher on continuing tenure shall ensure that the teacher is provided with a performance evaluation ...
• Teacher On Continuing Tenure; Discharge, Demotion, Or Retirement; Continuation Of Contracts Of Teachers Over Retirement Age - Mich. Comp. Laws Section 38.101
  History: 1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- Am. 1941, Act 119, Imd. Eff. May 23, 1941 ;-- CL 1948, 38.101 ...
• Teacher Rights Subject To Mcl 380.1230d And 380.1535a - Mich. Comp. Laws Section 38.101a
  History: Add. 2005, Act 124, Eff. Jan. 1, 2006 Popular Name: Teachers' Tenure Act ...
• 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
  (a) The teacher fails to contest the decision to proceed upon the charges within the time period specified in section 4(1) of this article. (b) ...
• 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 of ...
• 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 258, ...
• Necessary Reduction In Personnel; First Vacancy - Mich. Comp. Laws Section 38.105
  For a period of 3 years after the effective date of the termination of the teacher's services, a teacher on continuing tenure whose services ...
• 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 - Mich. Comp. Laws Section 38.112
  Any controlling board upon written request of a teacher may grant leave of absence for a period not to exceed 1 year, subject to ...
• 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 places ...
• 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 of ...
• 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 Section 38.141
  Compiler's Notes: The repealed section provided two-year appropriation for expenses of the tenure commission.Popular Name: Teachers' Tenure Act ...
• 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 Section 38.152
  Compiler's Notes: The repealed section provided that school district board shall notify the superintendent of public instruction of results of election.Popular Name: Teachers' Tenure ...
• 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, ...
• 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". History: 1967, Act 156, Imd. Eff. June 30, ...
• 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 continue ...
• 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 of ...
• 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 county ...
• 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, being ...
• 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 or ...
• 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 SS 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. History: 1965, Act 246, Eff. Mar. ...
• 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. The ...
• 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. History: 1965, Act ...
• 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 perform ...
• 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. History: 1965, Act 246, Eff. Mar. 31, 1966 ...
• 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 this ...
• Repealed. 1986, Act 155, Imd. Eff. July 3, 1986 - Mich. Comp. Laws Section 38.510a
  Compiler's Notes: The repealed section pertained to applications for employment in certain municipalities.Popular Name: Police and Fire Civil Service Act ...
• 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 fire ...
• 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 fairly ...
• 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 service, ...
• 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 at ...
• Violation Of SS 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 rescinded ...
• Police Cadet Training Program; Applicability Of Subsection (2) - Mich. Comp. Laws Section 38.521
  Sec. 1. (1) A city, village, or township that has adopted the provisions of Act No. 78 of the Public Acts of 1935, as amended, ...
• 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". History: Add. 1989, Act 7, Imd. ...
• 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 and ...
• Municipality Having Population Of 80,000 Or More; Applicability Of S 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 receive ...
• 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 12 ...
• 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 officer ...
• 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 SS 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 by ...
• 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 ...
• 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 - Mich. Comp. Laws Section 38.705
  When a system of retiring allowances is adopted under the provisions of this act, the reserve fund thereby provided shall be free from all ...
• 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 ...
• 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 May ...
• 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. History: 1980, Act 443, Eff. Sept. 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 act, ...
• 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 13, ...
• 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 Public ...
• 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. History: 1957, Act 261, Eff. Sept. 27, 1957 ...
• "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 the ...
• Repealed. 1981, Act 123, Imd. Eff. July 23, 1981 - Mich. Comp. Laws Section 38.1007
  Compiler's Notes: The repealed section pertained to definitions. ...
• "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 or ...
• Repealed. 1981, Act 123, Imd. Eff. July 23, 1981 - Mich. Comp. Laws Section 38.1008
  Compiler's Notes: The repealed section pertained to definitions. ...
• "Eligible Retirement Plan,""Eligible Rollover Distribution," And "Internal Revenue Code" Defined - Mich. Comp. Laws Section 38.1008a
  (1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means an individual retirement account described in section 408(a) of ...
• "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 legislator. ...
• Repealed. 1981, Act 123, Imd. Eff. July 23, 1981 - Mich. Comp. Laws Section 38.1010
  Compiler's Notes: The repealed section defined "military service." ...
• "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 oath ...
• "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 an ...
• "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. History: Add. 1981, Act 123, Imd. ...
• "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 31, ...
• 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 a ...
• Repealed. 1981, Act 123, Imd. Eff. July 23, 1981 - Mich. Comp. Laws Section 38.1019
  Compiler's Notes: The repealed section subjected participants to survivors' retirement allowances. ...
• 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 ...
• 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 by ...
• 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 payment ...
• 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 income ...
• 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 for ...
• 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 vested ...
• Repealed. 1974, Act 215, Eff. Dec. 31, 1974 - Mich. Comp. Laws Section 38.1023a
  Compiler's Notes: The repealed section pertained to retirement upon attaining age 55. ...
• 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 or ...
• 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 or ...
• 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 meet ...
• 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 monthly ...
• 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
  (2) The survivor's retirement allowance shall be equal to 66-2/3% of the retirement allowance which the deceased member, deferred vested member, or retirant had earned ...
• 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 benefits ...
• Retirement System; Board Of Trustees; Membership; Eligibility And Terms; Oath Of Office - Mich. Comp. Laws Section 38.1026
  (a) Two members of the house of representatives appointed by the speaker of the house of representatives. (b) Two members of the senate, appointed in ...
• 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. History: 1957, Act ...
• 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 Section 38.1036
  Compiler's Notes: The repealed section pertained to investments by board of trustees. ...
• 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 Section 38.1037
  Compiler's Notes: The repealed section pertained to annual medical examination of disability retirants. ...
• 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 contributions ...
• 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, earnings ...
• 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 first ...
• 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