Michigan Compiled Laws Act 182 Of 1986 State Police Retirement Act Of 1986 (38.1601 - 38.1648)

• Section 38.1601 Short Title.
  This act shall be known and may be cited as the “state police retirement act of 1986”. History: 1986, Act 182, Eff. Oct. 1,
• Section 38.1602 Meanings Of Words And Phrases.
  For the purposes of this act, the words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those...
• Section 38.1603 Definitions; B To L.
  (1) "Banked leave time program" means the part B annual leave hours within the state's annual and sick leave program approved by a ruling...
• Section 38.1604 Definitions; M To S.
  (1) “Member”, except where the context otherwise requires, means an employee of the Michigan department of state police who has subscribed to the constitutional...
• Section 38.1605 Michigan State Police Retirement System; Creation.
  A Michigan state police retirement system is created for the state police officers who have subscribed to the constitutional oath of office. History: 1986,...
• Section 38.1606 State Police Retirement Board; Creation; Appointment, Qualifications, And Terms Of Members.
  (1) Effective January 1, 1987, the state police retirement board is created within the department and shall consist of the following 9 members: (a)...
• Section 38.1607 State Police Retirement Board; Oath Of Member; Conducting Business At Public Meeting; Notice; Quorum; Failure Of Member To Attend 3 Consecutive Meetings; Availability Of Writings To Public; Rules.
  (1) A member of the retirement board, upon appointment, shall take an oath of office, which shall be filed immediately in the office of...
• Section 38.1608 State Police Retirement Board; Per Diem Compensation; Reimbursement Of Expenses; Maximum Number Of Meetings.
  The per diem compensation of the retirement board and the schedule for reimbursement of expenses incurred in attending meetings of the retirement board and...
• Section 38.1609 State Treasurer As Treasurer Of Retirement System; Investment Authority; Fiduciary Responsibility; Limitations On Investment Of Funds; Deposit Of Funds; Disposition Of Income Earned By Reserves.
  (1) The state treasurer shall be treasurer of the retirement system and shall have investment authority, including the custodianship of the funds of the...
• Section 38.1610 Warrants.
  The retirement system shall draw its warrants upon the state treasurer, payable out of the reserves of the retirement system, for the payment of...
• Section 38.1611 Engagement Of Actuary; Biennial Valuation; Risk Assumptions.
  (1) The retirement board, in consultation with the department, shall engage an actuary, in conformance with section 261 of the management and budget act,...
• Section 38.1612 State Police Retirement Board; Chairperson; Executive Secretary.
  The retirement board shall elect from its membership a chairperson who shall take office immediately upon election and serve until a successor is elected....
• Section 38.1613 Summary Of Fiscal Transactions.
  By April 15 of each year, the department shall furnish to the governor, the legislature, each retirant or beneficiary of a deceased retirant, and...
• Section 38.1613a Correction Of Error; Benefit Payment Adjustment.
  If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from...
• Section 38.1614 Funding Objective Of Retirement System; Annual Level Percentage Of Payroll Contribution Rate; Submission Of Differences To Legislature For Appropriation; Allocation And Deposit Of Funds.
  (1) The funding objective of the retirement system is to establish and receive contributions during each fiscal year that are sufficient to fully cover...
• Section 38.1614a Intent; Retirement System As Qualified Pension Plan And Trust As Exempt Organization; Administration; Employer-financed Benefit Limitation; Use And Investment Of Assets; Return Of Post-tax Member Contributions; Beginning Date Of Distributions; Termination Of Retirement System; Election To Rollover To Retirement Plan; Qualified Military Service.
  (1) This section is enacted pursuant to section 401(a) of the internal revenue code that imposes certain administrative requirements and benefit limitations for qualified...
• Section 38.1615 Reserve For Employee Contributions; Subaccounts; Transfer Of Accumulated Member Contributions.
  (1) The reserve for employee contributions is the account in which member contributions are accumulated and from which shall be made refunds and transfers...
• Section 38.1616 Reserve For Employer Contributions; Transfer Of Accumulated Employer Contributions.
  (1) The reserve for employer contributions is the account to which contributions by the state shall be credited. (2) Accumulated employer contributions shall be...
• Section 38.1617 Reserve For Retired Benefit Payments; Transfer Between Reserve For Employer Contributions And Reserve For Retired Benefit Payments.
  (1) The reserve for retired benefit payments is the account from which shall be paid all retirement allowances and residual refunds of accumulated contributions....
• Section 38.1618 Reserve For Casualty Experience; Initial Casualty Valuation As Determining Full Funding Reserve Requirements; Allocation From Assets; Retiree Casualty Payments; “casualty” Defined.
  (1) The reserve for casualty experience is the account in which shall be accumulated contributions by the state pursuant to actual and expected experience...
• Section 38.1619 Reserve For Undistributed Investment Income; Amounts To Be Transferred; Providing Contingency Reserves Or Meeting Requirements Of Other Reserve Accounts; Insufficient Balance.
  The reserve for undistributed investment income is the account to which is credited all interest, dividends, and other income from the investment of retirement...
• Section 38.1620 Administrative Expenses; Appropriation.
  The expenses for the administration of the retirement system shall be paid from the reserve for administrative expenses account. There shall be appropriated annually...
• Section 38.1621 Allocation Of Undistributed Investment Income; Charging Amounts Allocated; Allocation Rates.
  The department shall at least annually allocate all or a portion of undistributed investment income to the individual balances in the reserve for employee...
• Section 38.1622 Payment Date Of Retirement Allowance; Payment Upon Cessation Of Retirement Allowance.
  Each retirement allowance payable under this act shall date from the first of the month following the month in which the applicant satisfies the...
• Section 38.1623 Employees Of Department Of State Police As Members Of Retirement System; Resignation, Death, Transfer, Or Dismissal Of Member; Lump Sum.
  (1) Except as otherwise provided by Act No. 59 of the Public Acts of 1935, being sections 28.1 to 28.15 of the Michigan Compiled...
• Section 38.1624 Eligibility For Retirement; Application For Retirement; Mandatory Retirement; Amount Of Retirement Allowance; Death Of Retirant; Appeal To Retirement Board.
  (1) A member who has 25 years or more of credited service under this act or former Act No. 251 of the Public Acts...
• Section 38.1624a Deferred Retirement Option Plan.
  (1) A deferred retirement option plan is established within the defined benefit plan that is part of the retirement system, and it is to...
• Section 38.1625 Payment Of Retirement Allowance To Surviving Spouse, Children, Mother, Father, Sisters, Or Brothers; Payment To Deceased Member's Estate; Applicability Of Supplements To Retirement Allowances And Minimum Annual Retirement Allowance Provisions; Funeral Expenses; Maximum Retirement Allowance.
  (1) A retirement allowance shall be paid to the surviving spouse of a member of the retirement system who while in the discharge of...
• Section 38.1626 Retirement Due To Duty Incurred Disability; Amount Of Retirement Allowance; Payment To Surviving Spouse Or Children; Payment To Deceased Member's Estate; Maximum Retirement Allowance.
  (1) A member who retires due to duty incurred disability after September 30, 1986, is entitled to receive a retirement allowance equal to 60%...
• Section 38.1627 Nonduty Related Death Prior To Effective Date Of Retirement; Payment To Surviving Spouse Or Children; Payment To Deceased Member's Estate; Prohibited Payment; Commencement Of Retirement Allowance.
  (1) If a member continues as a member of the retirement system on or after the date he or she acquires 10 years of...
• Section 38.1628 Retirement Due To Nonduty Incurred Disability; Amount Of Retirement Allowance; Payment To Surviving Spouse Or Children; Payment To Deceased Member's Estate.
  (1) A member who retires due to nonduty incurred disability on or after the effective date of this act and after completing 10 years...
• Section 38.1629 Retirement Allowance On Grounds Of Disability; Medical Examination; Certification Of Findings; Failure To Return To Active Duty; Forfeiture Of Rights.
  (1) A physician designated by the director of public health and 2 other reputable physicians, 1 to be appointed by the department, and 1...
• Section 38.1630 Deferred Retirement Allowance In Lieu Of Refund Of Contributions; Amount; Commencement And Duration Of Payments; Forfeiture; Payment To Surviving Spouse Or Dependent Children; Effect Of Reemployment; Combining Prior And Subsequent Service; Recomputation Of Retirement Allowance; Service Credit For Member Not Meeting Vision Screening Standards.
  (1) A member who resigns, dies, is transferred to a position not covered by the retirement system, or is dismissed for a reason other...
• Section 38.1631 Remarriage Of Surviving Spouse.
  The remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive the retirement allowance benefits provided for in this act,...
• Section 38.1632 Purchase Of Service Credit For Active Duty With Armed Forces.
  (1) A member of this retirement system who has accumulated 10 or more years of retirement system service credit under this act or former...
• Section 38.1633 Purchase Of Service Credit For Service In Vista Or Peace Corps.
  (1) A member may elect to purchase service credit for not more than 2 years of full-time service as a volunteer in the VISTA...
• Section 38.1634 Leaving Service Or Reducing Hours Of Employment For Purposes Of Maternity Or Paternity Or Child Rearing; Purchase Of Service Credit.
  (1) A member who left or leaves service as an employee of the department of state police for purposes of maternity or paternity or...
• Section 38.1635 Partial Purchase Of Service Credit.
  A member who is otherwise entitled to purchase service credit for active duty in the armed forces under section 32 for service in the...
• Section 38.1636 Reinstatement Of Disability Retirant.
  A person who retires under section 26 due to a duty incurred disability and who has been or is reinstated in active service shall...
• Section 38.1637 Supplement To Retirement Allowance Under Former Mcl 28.107(5).
  The supplement to the retirement allowance payable under section 7(5) of former Act No. 251 of the Public Acts of 1935, described as follows,...
• Section 38.1638 Supplement To Retirement Allowance Under Former Mcl 28.108c.
  The supplement to the retirement allowance payable under section 8c of former Act No. 251 of the Public Acts of 1935, described as follows,...
• Section 38.1639 Supplement To Retirement Allowance On Or After October 1, 1986.
  On or after October 1, 1986, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary who was on the rolls as...
• Section 38.1639a Monthly Retirement Allowance Of Retirant Or Beneficiary Of Deceased Retirant; Increase In Payments; Requirements; Basis For Calculations Of Future Adjustments.
  (1) Effective October 1, 1996, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary of a deceased retirant or member who...
• Section 38.1640 Total Retirement Allowance Of Retirant Or Beneficiary Of Deceased Retirant; Increase; Basis For Calculations Of Future Adjustments.
  (1) Effective October 1, 1986, after the retirant and retirement allowance beneficiary monthly allowance recomputation as determined in section 39 has been determined, a...
• Section 38.1640a Retirement Allowance Of Retirant Or Retirement Allowance Beneficiary; Increase; Amount; Limitation.
  (1) Effective October 1, 1996, after the retirant's or retirement allowance beneficiary's retirement allowance is increased under section 39a or 40, as applicable, a...
• Section 38.1640b Recalculation Of Retirement Allowance.
  The retirement system shall recalculate each retirant's or beneficiary's retirement allowance who retired under section 26 based upon the definition of last 2 years...
• Section 38.1640c Supplemental Benefit; Conditions.
  (1) Beginning October 1, 2015, and subject to an annual appropriation, if the annual retirement allowance payable to a retirant or a retirement allowance...
• Section 38.1641 Retirement Allowance Increases For Command Officers; Effect On Salary Adjustments.
  The retirement allowance increases being given to command officers under this act shall be considered by the coordinated compensation panel of the civil service...
• Section 38.1641a Retirant Participating And Accruing Leave Time In Bank Time Hours Program Established December 22, 1957 To July 13, 1963; Supplement.
  (1) On or after January 1, 2007, the monthly retirement allowance payable to a retirant who participated and accrued leave time in the bank...
• Section 38.1642 Payment Of Hospitalization And Medical, Dental, And Vision Coverage Insurance Premiums; Creation And Function Of Health-dental-and Vision Benefits Fund; Health Advance Funding Subaccount; Transfer Of Funds.
  (1) Hospitalization and medical coverage insurance premiums payable by a retirant or his or her retirement allowance beneficiary and his or her dependents under...
• Section 38.1643 Right Of Member, Retirant, Or Beneficiary To Retirement Allowance Or Other Benefit.
  The right of a member, retirant, or beneficiary to a retirement allowance, deferred retirement allowance, accumulated contributions, or other benefit under this act is...
• Section 38.1644 Transfer Of Records, Personnel, Property, Or Funds To Retirement System.
  Effective January 1, 1987, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Michigan state police, pension, accident and...
• Section 38.1645 General Administration, Management, And Responsibility For Operation Of Retirement System.
  Through December 31, 1986, the general administration, management, and responsibility for the operation of the retirement system created by this act shall continue to...
• Section 38.1646 Savings Clause.
  All proceedings pending and all rights and liabilities existing, acquired, or incurred under former Act No. 251 of the Public Acts of 1935 at...
• Section 38.1647 Repeal Of Mcl 28.101 To 28.110.
  Act No. 251 of the Public Acts of 1935, being sections 28.101 to 28.110 of the Michigan Compiled Laws, is repealed. History: 1986, Act...
• Section 38.1648 Effective Date; Exceptions.
  Except as provided in sections 6 and 44, this act shall take effect October 1, 1986. History: 1986, Act 182, Eff. Oct. 1, 1986

Last modified: October 10, 2016