John & Christina Wade - Page 3




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               Section 108 of the Act, Mich. Comp. Laws sec. 38.1408,                 
          provides the following:  “This state intends that the retirement            
          system be a qualified pension plan created in trust under section           
          401 of the internal revenue code and that the trust be an exempt            
          organization under section 501 of the internal revenue                      
          code. * * *”                                                                
               Upon automatic enrollment in the plan, petitioner was                  
          required to contribute 3 percent of the first $5,000 of                     
          compensation.  Consequently, $84.89 was automatically contributed           
          to the plan by WCC from petitioner’s total compensation in 1996             
          of $2,830.                                                                  
               In order to qualify to receive benefits under the plan,                
          petitioner must earn at least 10 years of credited service and be           
          at least 60 years old.  A single credit year is earned upon                 
          performing Michigan public school work for 170 days at 6 or more            
          hours per day within the school fiscal year of July 1 through               
          June 30.  No more than 1 year of credit may be earned within 1              
          school fiscal year, and proportionate service credit is granted             
          for less than full-time employment.  If petitioner is unable to             
          reach the 10-year minimum amount of service credit, then she will           
          not receive any retirement benefits.  During calendar year 1996             
          petitioner worked 169.50 hours.  Based upon the MPSERS                      
          calculation, which is part of the stipulation of facts,                     
          petitioner earned 0.083 years of service credit during 1996,                






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