Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 240 of 1943 - State Employees' Retirement Act (38.1 - 38.69)

Section 38.2 - State Employees' Retirement System; Creation; Administration by Retirement Board; Rules. - Sec. 2. (1) A state employees' retirement system is created...

Section 38.3 - Retirement Board; Appointment and Terms of Members. - Sec. 3. (1) The retirement board shall consist of 9...

Section 38.4 - Retirement Board; Vacancies, Vacation of Office. - Sec. 4. (a) Any vacancy occurring 90 days or more...

Section 38.5 - Retirement Board; Oath; Quorum; Conducting Business at Public Meeting; Notice of Meeting; Compensation and Expenses. - Sec. 5. (a) Each member of the retirement board, created...

Section 38.6 - Retirement Board; Officers and Employees. - Sec. 6. Board chairman—secretary—actuary—medical advisor. The retirement board shall elect...

Section 38.7 - Retirement System; Actuarial Valuation of Assets and Liabilities; Investigation of Mortality, Service, and Compensation of Members. - Sec. 7. The retirement board shall collect and keep in...

Section 38.8 - Administrative Board; Investment of Funds, Purchase of Life Insurance or Annuity, Deposits. - Sec. 8. (a) The members of the retirement board shall...

Section 38.9 - State Treasurer as Custodian of Retirement System Funds; Powers and Duties. - Sec. 9. (1) All bonds or other obligations purchased according...

Section 38.10 - Retirement Board Members and Employees; Interest in Investments Prohibited. - Sec. 10. No employe shall gain from investments. Except as...

Section 38.11 - 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 Refe... - Sec. 11. (1) There is created the employees' savings fund,...

Section 38.12 - Annual Statement of Retirement Funds in Custody of State Treasurer; Availability of Report and Other Writings to Public; Request for Statement of Credit. - Sec. 12. (1) The state treasurer shall furnish annually to...

Section 38.13 - Membership in Retirement System. - Sec. 13. (1) Except as otherwise provided in this act,...

Section 38.13a - 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. - Sec. 13a. Effective January 1, 1973, blind or partially sighted...

Section 38.13b - Credited Service to Include Credit for Service Rendered to Joint Federal-State Commission; Conditions. - Sec. 13b. A member who retires on or after October...

Section 38.14 - Information Required of Members by Retirement Board. - Sec. 14. Information furnished by members. Within 3 months after...

Section 38.15 - Original Members; Prior Service Certification. - Sec. 15. Subject to such rules and regulations as the...

Section 38.16 - Cessation of Membership; Reemployment. - Sec. 16. (1) Except as otherwise provided in this act,...

Section 38.17 - Service Credited From State Board of Control for Vocational Education; Conditions. - Sec. 17. (a) At retirement a member's credited service shall...

Section 38.17a - Use of Credited Service Acquired in Employ of Governmental Unit; “Governmental Unit of the State” Defined. - Sec. 17a. (1) If an employee of a department of...

Section 38.17b - Credited Service to Include Service Rendered Certain Universities. - Sec. 17b. A member retired after January 1, 1965 shall...

Section 38.17c - Retirement System Service Credit for Period of Service Under County Department of Social Services; Conditions. - Sec. 17c. Any member retired on or after January 1,...

Section 38.17d - Credited Service to Include Service Rendered to Department of State Police or Its Predecessor Agencies, or to Court of Record; Conditions. - Sec. 17d. A member who retires after October 8, 1976,...

Section 38.17e, 38.17f - Repealed. 1998, Act 205, Eff. Aug. 1, 1998. - Compiler's Notes: The repealed sections pertained to purchase of service...

Section 38.17g - Parental Leave; Purchase of Service Credit. - Sec. 17g. (1) A member who left or leaves service...

Section 38.17h - Full-Time Service as Employee With City, County, Township, or Village of This State; Purchase of Service Credit. - Sec. 17h. (1) A member may elect to purchase service...

Section 38.17i - Full-Time Service With Federal Government or as State Employee With Another State; Purchase of Service Credit. - Sec. 17i. (1) A member may elect to purchase service...

Section 38.17j - Purchase of Combined Total of More Than 10 Years Prohibited; Purchase of Service Credit in Separate Increments; Future Purchases Not Barred; Refund; Actuarial Cost. - Sec. 17j. (1) On and after June 23, 1987, a...

Section 38.17k - Repealed. 1998, Act 205, Eff. Aug. 1, 1998. - Compiler's Notes: The repealed section pertained to purchase of approved...

Section 38.17l - Purchase of Additional Service Credit by Employee of State Accident Fund, Michigan Biologic Products Institute, or Liquor Control Commission. - Sec. 17l. (1) An employee of the state accident fund...

Section 38.17m - Purchase of Service Credit; Limitation; Refund. - Sec. 17m. (1) A member may elect to purchase not...

Section 38.17n - City Employee; Transfer or Purchase of Service Credit. - Sec. 17n. (1) A member may transfer or purchase service...

Section 38.18 - Credit for Military or Federal Service; Credit for Prior Service; Conditions; Computation. - Sec. 18. (1) A member of the retirement system who,...

Section 38.19 - 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; Applicat... - Sec. 19. (1) A member who is 60 years of...

Section 38.19a - 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 Pay... - Sec. 19a. (1) Notwithstanding section 19, a member who is...

Section 38.19b - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments. - Sec. 19b. (1) Notwithstanding section 19, a member may retire...

Section 38.19c - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments. - Sec. 19c. (1) Notwithstanding section 19, a member may retire...

Section 38.19d - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments. - Sec. 19d. (1) Notwithstanding section 19, a member may retire...

Section 38.19e - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Amounts Entitled to Receive at Retirement. - Sec. 19e. (1) Notwithstanding section 19, a member may retire...

Section 38.19f - Retirement and Receipt of Retirement Allowance; Requirements; Accumulated Sick Leave; Request to Extend Effective Date of Retirement; Calculation; State Contract Prohibited. - Sec. 19f. (1) Notwithstanding section 19, a member may retire...

Section 38.19g - 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. - Sec. 19g. (1) Notwithstanding section 19, a member may retire...

Section 38.19h - Payments Not Tax Exempt and Subject to Certain Operations of Law. - Sec. 19h. Payments made after September 30, 1991, under sections...

Section 38.19i - Retirement Allowance; Computation; Accumulated Sick Leave; Purchase of Service Credit; Hiring Under Contract; Limitation. - Sec. 19i. (1) Notwithstanding section 19, a member may retire...

Section 38.19j - Retirement; Requirements; Accumulated Annual Leave, Sick Leave, and Deferred Leave Hours; Forfeiture; Inclusion in Calculation for Determination of Final Average Compensation; Extension; Request; Retirement Allowance Calculation; "In... - Sec. 19j. (1) Notwithstanding section 19, a member may retire...

Section 38.20 - Computation of Retirement Allowance; Right to Elect Option; Retirement Before Age 65; Death of Retirant; Separation From Service; Department of Mental Health Employee Termination; Recalculation and Payment of Retirement Allowance; Eli... - Sec. 20. (1) Subject to section 20j, upon his or...

Section 38.20a - Minimum Retirement Allowance. - Sec. 20a. After July 1, 1968 a retirant or a...

Section 38.20b - Increase in Monthly Retirement Allowance; Payment. - Sec. 20b. (1) On July 1, 1972, the monthly retirement...

Section 38.20c - Supplement to Retirement Allowance. - Sec. 20c. (1) On July 1, 1974, the monthly retirement...

Section 38.20d - Hospitalization, Medical, Dental, and Vision Coverage Insurance Premium; Computation and Allocation of Cost Savings; Payment by Retirement Board; “Retirant” Defined. - Sec. 20d. (1) On and after July 1, 1974, hospitalization...

Section 38.20e - Supplemental Retirement Allowance; Amount; Payment. - Sec. 20e. (1) After December 31, 1980, a retirant or...

Section 38.20f - Supplement to Retirement Allowance Payable on or After September 30, 1976. - Sec. 20f. (1) The monthly retirement allowance payable to a...

Section 38.20g - 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 Benefici... - Sec. 20g. (1) After the end of each state fiscal...

Section 38.20h - Supplemental Payments for Retirants or Retirement Allowance Beneficiaries With Retirement Allowance Effective Date Before October 1, 1986; Future Adjustments. - Sec. 20h. (1) Effective October 1, 1987, the monthly retirement...

Section 38.20i - Supplement. - Sec. 20i. Upon his or her retirement as provided for...

Section 38.20j - Member Not Making Election Under MCL 38.50a; Calculation of Retirement Allowance Beginning April 1, 2012; Items of Compensation; Accumulation of Service Credit; Member Making Election Under MCL 38.50a(1) and Designation Under MCL 38.... - Sec. 20j. (1) Beginning April 1, 2012, the calculation of...

Section 38.21 - Duty Disability Retirement. - Sec. 21. (1) Except as may be provided otherwise in...

Section 38.22 - Retirement for Disability at Age 60; Service Retirement Allowance; Crediting 10 Years of Service. - Sec. 22. Upon retirement for disability, as provided in section...

Section 38.23 - Retirement for Disability Before Attaining Age 60; Benefits. - Sec. 23. (1) Upon retirement for disability as provided in...

Section 38.24 - Non-Duty Disability Retirement. - Sec. 24. (1) Except as may otherwise be provided in...

Section 38.25 - Retirement for Disability. - Sec. 25. Upon retirement for disability, as provided in section...

Section 38.26 - Repealed. 1955, Act 237, Eff. Oct. 24, 1955. - Compiler's Notes: The repealed section provided for non-duty disability retirement...

Section 38.27 - Death Resulting From Personal Injury or Disease Arising Out of and in Course of State Employment; Survivor Benefits. - Sec. 27. (1) Except as provided in subsections (3), (4),...

Section 38.27a - Retirement Allowances Granted Under MCL 38.27; Adjustment. - Sec. 27a. (1) Beginning with retirement allowance payments due on...

Section 38.28 - Withdrawal of Member Before Retirement; Refund of Contributions; Restoration on Re-Employment; Court Administrator. - Sec. 28. Should a member cease to be an employee...

Section 38.29 - Death Before Retirement; Refund of Contributions. - Sec. 29. Should a member die before his service retirement...

Section 38.30 - Withholding Refund of Contributions. - Sec. 30. Board may withhold refunds of contributions. The retirement...

Section 38.31 - 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 Memb... - Sec. 31. (1) Except as provided in subsection (6), before...

Section 38.32 - Remarriage of Surviving Spouse. - Sec. 32. The remarriage of a surviving spouse shall not...

Section 38.33 - Disability Retirant Under Age 60; Medical Examination Required; Reduction of Retirement Allowance on Account of Gainful Employment. - Sec. 33. (a) The retirement board may, and upon the...

Section 38.34 - Disability Retirant; Reinstatement to Service, Service Credits Allowable. - Sec. 34. A disability retirant who has been or shall...

Section 38.35 - Contribution of 3% of Employee Compensation to Funding Account; "Funding Account" Defined; Refund of Amounts Contributed Under Subsection (1). - Sec. 35. (1) Beginning with the first pay date after...

Section 38.35a - Election Under MCL 38.50a; Contribution. - Sec. 35a. (1) Beginning with the first pay date after...

Section 38.36, 38.37 - Repealed. 1974, Act 216, Imd. Eff. July 19, 1974. - Compiler's Notes: The repealed sections pertained to payroll deduction of...

Section 38.38 - 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; Differenc... - Sec. 38. (1) The annual level percent of payroll contribution...

Section 38.39 - Repealed. 1982, Act 316, Imd. Eff. Oct. 18, 1982. - Compiler's Notes: The repealed section pertained to payment of appropriation...

Section 38.39a - Reserves for Retirement Allowances; Legislative Determination of Funds From Which Appropriations Made. - Sec. 39a. In the making of appropriations required under the...

Section 38.40 - Allowances, Benefits, and Other Rights; Exemption From Taxation; Subject to Tax Beginning January 1, 2012; Subject to Public Employee Retirement Benefit Protection Act. - Sec. 40. (1) Except as otherwise provided in this section,...

Section 38.41 - Correction of Errors in Payment of Retirement Allowances. - Sec. 41. Should any change or error in the records...

Section 38.42 - Retirement System Records; Falsification, Penalty. - Sec. 42. Penalty for false statements. Any person who shall...

Section 38.43 - Repealed. 1997, Act 148, Eff. Jan. 30, 1998. - Compiler's Notes: The repealed section pertained to contributions made to...

Section 38.44 - Rights, Privileges, and Benefits of Vested Employee. - Sec. 44. (1) An employee of the state accident fund...

Section 38.44a - Member Employed by State Judicial Council. - Sec. 44a. (1) An individual who was a member on...

Section 38.45 - Definitions. - Sec. 45. As used in this section and sections 46...

Section 38.46 - Retirement or Separation From Employment of Supplemental Member With Supplemental Early Retirement Allowance; Conditions; Determination of Eligibility. - Sec. 46. (1) A supplemental member may retire with a...

Section 38.47 - Temporary Straight Life Supplemental Early Retirement Allowance; Payment; Computation; Electing Optional Form of Payment. - Sec. 47. (1) Upon retirement as provided in section 46,...

Section 38.47a - Report. - Sec. 47a. The retirement board shall report to the house...

Section 38.48 - Conservation Officers. - Sec. 48. (1) A member who is a conservation officer...

Section 38.49 - Administration of Retirement System as Qualified Pension Plan Under Internal Revenue Code; Requirements and Benefit Limitations; Qualified Military Service. - Sec. 49. (1) This section is enacted under section 401(a)...

Section 38.50 - 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 Subj... - Sec. 50. (1) Except as otherwise provided in subsection (2),...

Section 38.50a - Election to Continue Receiving Credit for Future Service and Compensation; Designation; Failure to Make Election; Rescission; Reemployment of Former Nonvested Member; "Attainment Date" Defined. - Sec. 50a. (1) The retirement system shall permit each member...

Section 38.51 - Transfer of Lump Sum Amount. - Sec. 51. (1) For a member who elects to terminate...

Section 38.52 - Calculation of Accrued Cost Savings for Each Fiscal Year. - Sec. 52. After consulting the retirement system's actuary, the department...

Section 38.53 - Meanings of Words and Phrases; Definitions; a to C. - Sec. 53. (1) For the purposes of this section and...

Section 38.54 - Definitions; E to H. - Sec. 54. (1) "Employer" means this state or, if a...

Section 38.55 - Definitions; P to Y. - Sec. 55. (1) "Plan document" means the document that contains...

Section 38.56 - State Treasurer; Powers and Duties. - Sec. 56. (1) The state treasurer shall administer Tier 2...

Section 38.57 - Hearing. - Sec. 57. (1) A qualified participant, former qualified participant, health...

Section 38.58 - Investment of Employer and Employee Contributions and Earnings; Direction by Participant. - Sec. 58. Each qualified participant, former qualified participant, and refund...

Section 38.59 - Payment of Administrative Expenses. - Sec. 59. The administrative expenses of Tier 2 shall be...

Section 38.60 - Other Public Sector Retirement Benefits Plan; Participation. - Sec. 60. A qualified participant shall not participate in any...

Section 38.61 - Election by Elected or Appointed Official. - Sec. 61. An elected or appointed official who is first...

Section 38.62 - Transfer of Amount; Crediting and Charging Participant Account. - Sec. 62. (1) The state treasurer shall promptly credit the...

Section 38.63 - Contributions by Employer and Participant. - Sec. 63. (1) This section is subject to the vesting...

Section 38.63a - Tier 2 and Tax-Deferred Accounts; Terms and Conditions. - Sec. 63a. Tier 2 and tax-deferred accounts are subject to...

Section 38.64 - Tier 2; Vesting Requirements. - Sec. 64. (1) A qualified participant is immediately 100% vested...

Section 38.65 - Crediting Years of Service Accrued. - Sec. 65. A qualified participant who was a member, deferred...

Section 38.66 - Refund Beneficiary. - Sec. 66. A qualified participant or former qualified participant may...

Section 38.67 - Distributions of Accumulated Balance. - Sec. 67. (1) A qualified participant is eligible to receive...

Section 38.67a - Duty Disability Retirement Allowance; Supplemental Benefit; Health Insurance Coverage; Exception. - Sec. 67a. (1) Except as otherwise provided in this section...

Section 38.68 - Health Insurance Coverage. - Sec. 68. (1) A former qualified participant may elect health...

Section 38.68a - Appropriation Amount; Purpose; Work Project; Estimated Completion Date. - Sec. 68a. In addition to the amount appropriated in part...

Section 38.68b - Participant Employed on or After January 1, 2012 or Making Election Under Subsection (5) or (6); Health Insurance Coverage; Contribution to Tax-Deferred Account; Opt-Out; Calculation of Amount Under Subsection (7) and Adjustment Unde... - Sec. 68b. (1) A qualified participant or former qualified participant...

Section 38.68c - Employment of Retiree Receiving Retirement Allowance; Stopping Retirement Payment; Applicability; "Employed by This State" Defined; Coordination of Benefits Provision; Exceptions to Subsection (1); Definitions. - Sec. 68c. (1) Except as otherwise provided in this section,...

Section 38.68d - Administration of Changes; Appropriation. - Sec. 68d. (1) There is appropriated for the fiscal year...

Section 38.68e - Appropriation. - Sec. 68e. (1) There is appropriated for the fiscal year...

Section 38.69 - 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. - Sec. 69. (1) Distributions from employer contributions made pursuant to...

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Michigan Compiled Laws Chapter 38 - Civil Service and Retirement Act 240 of 1943 - State Employees' Retirement Act (38.1 - 38.69)

Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 240 of 1943 - State Employees' Retirement Act (38.1 - 38.69)