Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467)

Section 38.1309 - Calculating Member's Final Average Compensation; Effective Date of Section. - Sec. 9. (1) The definition of final average compensation under...

Article 2 - (38.1321...38.1336)

Section 38.1321 - Public School Employees' Retirement System; Creation. - Sec. 21. A Michigan public school employees' retirement system is...

Section 38.1322 - Public School Employees' Retirement Board; Creation; Appointment, Qualifications, and Terms of Members; Vacancy. - Sec. 22. (1) The Michigan public school employees' retirement board...

Section 38.1323 - Retirement Board; Oath; Conducting Business at Public Meeting; Notice of Meeting; Quorum; Failure to Attend Scheduled Meetings; Availability of Writings to Public. - Sec. 23. (1) A member of the retirement board, upon...

Section 38.1324 - Retirement Board; Compensation and Expenses. - Sec. 24. The per diem compensation of the retirement board...

Section 38.1325 - Retirement Board; Rights, Authority, and Discretion; Rules; Limitation; Study Period; Information to Be Provided to Certain Universities. - Sec. 25. (1) The board shall have only the rights,...

Section 38.1326 - State Treasurer as Treasurer of Retirement System; Investment Authority; Fiduciary Responsibility; Disposition of Funds. - Sec. 26. (1) This section does not apply to Tier...

Section 38.1327 - Warrants. - Sec. 27. The retirement system shall draw its warrants upon...

Section 38.1328 - Summary of Fiscal Transactions; Contents; Description of Retirement Benefits; Information to Be Posted on Internet Website and Sent via Electronic Mail; Database. - Sec. 28. (1) By April 15 of each year, the...

Section 38.1329 - Reserve for Employee Contributions; Individual Subaccounts; Refund, Payment, or Transfer of Accumulated Contributions. - Sec. 29. The reserve for employee contributions is the account...

Section 38.1330 - Reserve for Employer Contributions. - Sec. 30. The reserve for employer contributions is the account...

Section 38.1331 - Reserve for Administrative Expenses. - Sec. 31. The reserve for administrative expenses is the account...

Section 38.1332 - General Fund. - Sec. 32. The retirement board may establish a general fund....

Section 38.1333 - Reserve for Member Investment Plan; Remittance of Member Contributions; Individual Subaccounts; Refund, Payment, or Transfer of Accumulated Contributions. - Sec. 33. The reserve for member investment plan is the...

Section 38.1334 - Reserve for Health Benefits; Payments; Health Advance; Funding Subaccount; Transfer to Reserve for Employer Contributions; Conditions. - Sec. 34. (1) The reserve for health benefits is the...

Section 38.1335 - Reserve for Retired Benefit Payments. - Sec. 35. The reserve for retired benefit payments is the...

Section 38.1336 - Reserve for Undistributed Investment Income; Pension Stabilization Subaccount. - Sec. 36. (1) Except as otherwise provided in this section,...

Article 3 - (38.1341...38.1359)

Section 38.1341 - Determining Annual Level Percentage of Payroll Contribution Rates; Factors; Unfunded Actuarial Accrued Liability Contribution Rate; Computation and Certification of Sum Due and Payable; Payment; Certification of Actual Aggregate Com... - Sec. 41. (1) The annual level percentage of payroll contribution...

Section 38.1341a - Separate Contribution Rate; Unfunded Accrued Liability; "University Reporting Unit" Defined. - Sec. 41a. (1) For fiscal years that begin after March...

Section 38.1341b - Employees as Members on or After July 1, 2010 and Before February 1, 2018; Determination of Separate Contribution Rate for Members on or After February 1, 2018; Contributions; Individuals Performing Services for Entity Not Particip... - Sec. 41b. (1) Beginning July 1, 2010, the retirement system...

Section 38.1342 - Reporting Unit Contribution; Exclusive Obligation; Contributions Picked Up by Employer; Deduction of Social Security Contributions; Agreement of Member; Forwarding Retirement Contributions; Report; Failure to Submit Report or Contri... - Sec. 42. (1) Beginning with the state fiscal year ending...

Section 38.1342a - Community or Junior College Reporting Units; Report; Office of Retirement Services; Report Requirements. - Sec. 42a. (1) By August 31, 2018, each reporting unit...

Section 38.1343 - Percentage Paid for Participants in Optional Retirement Program. - Sec. 43. The percentage of aggregate annual compensation to be...

Section 38.1343a - Contributions of Member to Member Investment Plan; Deduction and Remittance as Employer Contributions; Benefits; Amount of Contribution; Amounts; Percentage; Member on or Before February 1, 2018. - Sec. 43a. (1) The contributions of a member who contributes...

Section 38.1343b - Eligibility Requirements; Exceptions. - Sec. 43b. A member who contributes to the member investment...

Section 38.1343c - Entitlements. - Sec. 43c. A member other than a member who first...

Section 38.1343d - Repealed. 2012, Act 300, Imd. Eff. Sept. 4, 2012. - Compiler's Notes: The repealed section pertained to conditions for election...

Section 38.1343e - Member Before September 4, 2012; Contribution of Percentage to Funding Account Under Public Employee Retirement Health Care Funding Act; "Funding Account" Defined. - Sec. 43e. Except as otherwise provided in this section or...

Section 38.1343g - Contribution Beginning on Transition Date; Amount; Method of Deducting Contributions; Picking Up Member Contributions for Compensation on or After Transition Date; Benefit. - Sec. 43g. (1) Beginning on the transition date and ending...

Section 38.1343h - Service Credit; Enrollment for Certain Employees of Community or Junior College Reporting Unit; Requirements; Forfeit of Claim; Assessment and Payment of Supplemental Employer Contributions. - Sec. 43h. (1) An individual who was first employed by...

Section 38.1343i - Determination and Assessment of Supplemental Employer Contributions by Community or Junior College Reporting Units; Payment. - Sec. 43i. (1) The retirement system shall determine and assess...

Section 38.1344 - Separation From Service; Death; Unclaimed Retirement Allowance or Other Money. - Sec. 44. Upon the separation from service by a member...

Section 38.1345 - Change or Error in Records; Correction; Adjustment in Benefits. - Sec. 45. If a change or error in the records...

Section 38.1346 - Benefits; Exemption From Taxation; Subject to Taxation Beginning January 1, 2012; Offset of Retirement Benefits or Refunds; Forfeiture of Service Credit. - Sec. 46. (1) Except as otherwise provided in this section,...

Section 38.1347 - Employee of Michigan High School Athletic Association; Entitlement to Benefits Preserved; Limited Membership; Continued Service; Eligibility for Retirement Benefits; Election; Termination of Employment; Computation of Retirement All... - Sec. 47. (1) An employee of the Michigan high school...

Section 38.1359 - Calculation of Retirement Allowance; Election and Attainment Date Designation; Credit for Future Service Accrued and Compensation Earned; Alternative Election; Method of Accepting Elections, Designations, and Alternative Elections;... - Sec. 59. (1) The retirement system shall permit each qualified...

Article 4 - (38.1360...38.1379b)

Section 38.1360 - Purchase of Service Credit; 2 Years Service Credit Required. - Sec. 60. Notwithstanding any provision of this act to the...

Section 38.1361 - Employment of Retirant in Reporting Unit. - Sec. 61. (1) Except as otherwise provided in this section,...

Section 38.1361a - Report to Legislature on Number of Active Employed Retirees. - Sec. 61a. (1) The office of retirement services shall prepare...

Section 38.1362 - Purchasing Service Credit; Proof of Service; Contribution and Interest. - Sec. 62. If a member claims credit for service performed...

Section 38.1363 - Noncontributory Plan; Applicability; Duty of Reporting Unit. - Sec. 63. The noncontributory plan shall apply to each public...

Section 38.1364 - Purchase of Service Credit. - Sec. 64. (1) If a person described in section 5(1)(d)...

Section 38.1365 - Written Application for Payment of Accumulated Contributions; Forfeiture of Prior Service. - Sec. 65. (1) If a member ceases to be a...

Section 38.1366 - Cessation of Membership; Forfeiture of Service; Return to Service; Reinstatement of Previously Forfeited Service. - Sec. 66. (1) Except as provided in section 65, if...

Section 38.1367 - Credit for Service in Another Retirement System; Withdrawal of Accumulated Contributions; Forfeiture of Service or Monthly Allowance. - Sec. 67. A member who has met the age and...

Section 38.1368 - Service Credit; Computing Terms of Service. - Sec. 68. (1) The retirement board shall grant 1 year...

Section 38.1369 - Out of System Public Education Service; Condition for Granting Membership or Prior Service Credit; Requirements; Eligibility for Retirement Allowance; Computation of Payment; Limitation; Refund; Noncreditable Service; Member Ineligi... - Sec. 69. (1) Until September 29, 2017 at 5 p.m....

Section 38.1369a, 38.1369b - Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Compiler's Notes: The repealed sections pertained to purchase of service...

Section 38.1369c - Employee in Nonpublic Elementary or Secondary Educational Institution or Nonpublic Institution of Higher Education, Employee in Foreign Country at School for United States Personnel or Dependents, Full-Time Teacher With Job Corps,... - Sec. 69c. (1) Until September 29, 2017 at 5 p.m....

Section 38.1369d, 38.1369e - Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Compiler's Notes: The repealed sections pertained to purchase of service...

Section 38.1369f - Election to Purchase Not More Than 5 Years of Service Credit Less Years of Service Credit Purchased Under Other Provisions; Request; Payment of Actuarial Cost; Prohibited Uses of Service Credit; Refund; Member Ineligible to Initiat... - Sec. 69f. (1) Until September 29, 2017 at 5 p.m....

Section 38.1369g - Former Employees of Reporting Unit as Public School Employees; Conditions; Remittances Required for Granting of Service Credit; Definitions. - Sec. 69g. (1) Subject to subsections (2) and (3), a...

Section 38.1370 - State of Michigan Service; Condition for Granting Membership or Prior Service Credit; Requirements; Petition for Transfer of Service Credit, Accumulated Contributions, and Interest; Refund; Member Ineligible to Initiate Service Cred... - Sec. 70. (1) Until September 29, 2017 at 5 p.m....

Section 38.1371 - Sabbatical Leave; Employee Organization Professional Services Leave or Released Time; Member Ineligible to Initiate Service Credit Purchase. - Sec. 71. (1) Until September 29, 2017 at 5 p.m....

Section 38.1372 - Repealed. 1989, Act 194, Imd. Eff. Aug. 25, 1989. - Compiler's Notes: The repealed section pertained to return to service...

Section 38.1373 - Resumption of Employment Following Honorable Discharge or Release From Active Duty With Armed Forces; Service Credit; Limitation; Accumulation of Contributions to Reserve for Employee Contributions at Regular Interest. - Sec. 73. A member of this retirement system who enters...

Section 38.1374 - Service Credit for Member Not Meeting Requirements of MCL 38.1373; Election; Computation of Payment; Restriction; Condition. - Sec. 74. (1) A member of this retirement system after...

Section 38.1374a, 38.1374b - Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Compiler's Notes: The repealed sections pertained to purchase of service...

Section 38.1375 - Separation From Service or Reduction of Hours for Purposes of Parental Leave; Purchase of Service Credit; Refund; Application; Member Ineligible to Initiate Service Credit Purchase; "Parental Leave" Defined. - Sec. 75. (1) Until September 29, 2017 at 5 p.m....

Section 38.1376 - Partial Purchase of Service Credit. - Sec. 76. On and after the effective date of this...

Section 38.1377, 38.1378 - Repealed. 1989, Act 194, Eff. Jan. 31, 1991. - Compiler's Notes: The repealed sections pertained to purchase of service...

Section 38.1379 - Actuarial Cost; Recomputation. - Sec. 79. (1) Actuarial cost shall be equal to the...

Section 38.1379a - Recomputation of Payment for Purchase of Service; Refund. - Sec. 79a. (1) Subject to subsection (2), if the compensation...

Section 38.1379b - "Initiate a Service Credit Purchase" Defined. - Sec. 79b. As used in this article, "initiate a service...

Article 5 - (38.1381...38.1393)

Section 38.1381 - Retirement Allowance Under MCL 38.1384; Application; Eligibility Requirements. - Sec. 81. (1) Except as provided in section 81c, a...

Section 38.1381a - Retirement Allowance Computed According to MCL 38.1384(1); Reduction Inapplicable; Definitions. - Sec. 81a. (1) Notwithstanding section 81, a member may retire...

Section 38.1381b - Retirement; Eligibility Requirements; Computation; Extension; "Incentivized Retirement Application Period" Defined; Amortization of Additional Costs. - Sec. 81b. (1) Notwithstanding section 81, a member may retire...

Section 38.1381c - Member 60 Years of Age or Older With 10 or More Years of Service; Increase in Regular Retirement Age; Adjustment by Retirement Board; "Regular Retirement Age" Defined. - Sec. 81c. (1) A member who first becomes a member...

Section 38.1381d - Employment on or After September 4, 2012; Election to Participate in Tier 2; Method of Accepting Elections; Election Period; Member Not Making Election Considered as Member of Tier 1; Employment on or After February 1, 2018; Colle... - Sec. 81d. (1) Except as provided in subsection (7), the...

Section 38.1382 - Deferred Vested Service Retirement Allowance; Entitlement; Computation; Application; Forfeiture; Payment of Option to Beneficiary. - Sec. 82. (1) A member who terminates reporting unit service...

Section 38.1383 - Date of Retirement Allowance; Payment on Cessation of Eligibility for Continuation of Benefits. - Sec. 83. (1) Each retirement allowance shall date from the...

Section 38.1384 - Retirement Allowance; Benefits; Applicability of Reduction; Recalculation of Retirement Allowance; Adjusted Retirement Allowance; Election to Return Retirement Allowance Payments. - Sec. 84. (1) Subject to section 84b and except as...

Section 38.1384b - Retirement Allowance for Member Making Alternative Election Under Section 59(2)(a) or (B); Calculation; Items of Credited Service Under Section 59(1); Accumulation of Years of Service Credit for Purpose of Vesting; Calculation of R... - Sec. 84b. (1) Beginning February 1, 2013, the calculation of...

Section 38.1385 - Payment Options; Election; Change of Option or Beneficiary; Payment to Beneficiary; Reversion of Benefit to Straight Retirement Allowance; Term of Payment; Beneficiary Predeceasing Retirant Who Returns to Service; Effect of Election... - Sec. 85. (1) A retiring member or retiring deferred member...

Section 38.1386 - Disability Allowance; Requirements; Extension of Application Time Limit; Computation; Effective Date. - Sec. 86. (1) A member whom the retirement board finds...

Section 38.1387 - Duty Disability Retirement Allowance; Requirements; Computation; Effective Date; Service Credit; Adjustment. - Sec. 87. (1) A member whom the retirement board finds...

Section 38.1388 - Duty or Nonduty Disability Retirant; Medical Examination; Affidavit; Deception; Discontinuance or Revocation of Nonduty Disability Retirement Allowance; Return to Membership; Restoration of Credited Service; Restoration of Duty Disa... - Sec. 88. (1) The retirement board may require a duty...

Section 38.1389 - Surviving Spouse; Computation, Payment, and Termination of Retirement Allowance; Remarriage of Surviving Spouse; Allowance for Surviving Child Less Than 18; Election of Retirement Allowance Beneficiary; Grounds for Voiding Election;... - Sec. 89. (1) If a member who continues as a...

Section 38.1390 - Surviving Spouse of Deceased Member Receiving Worker's Disability Compensation; Computation, Payment, and Termination Retirement Allowance; Remarriage of Surviving Spouse; Allowance for Surviving Children Less Than 18; Computation,... - Sec. 90. (1) If a member dies as a result...

Section 38.1391 - Hospital, Medical-Surgical, and Sick Care Retirant Benefits; Dental and Vision Retirant Benefits; Retirement System Premium; Maximum Contribution Rate; Health Benefits Coverage for Dependent of Retirant; Coordination of Benefits; De... - Sec. 91. (1) Except as otherwise provided in this section,...

Section 38.1391a - Retiree Health Care Insurance Coverage for Employees Hired After September 4, 2012; Matching Contribution in Lieu of Health Insurance Coverage Benefits; Vesting Provisions; Election to Opt Out of Health Insurance Coverage Premiums;... - Sec. 91a. (1) An individual who first became a member...

Section 38.1392 - Long-Term Care Insurance; Withholding From Retirement Allowance. - Sec. 92. Beginning on July 1, 2004, upon written application...

Section 38.1392a - Administration of Changes; Appropriation; Work Project; Carrying Forward Unencumbered or Unallotted Funds. - Sec. 92a. (1) There is appropriated for the fiscal year...

Section 38.1392b - Appropriation; Purposes; Amount; Completion Date. - Sec. 92b. (1) There is appropriated for the fiscal year...

Section 38.1392c - Appropriation. - Sec. 92c. (1) There is appropriated for the fiscal year...

Section 38.1393 - Third-Party Study. - Sec. 93. (1) The director of the department, senate majority...

Article 6 - (38.1401...38.1412)

Section 38.1401 - Supplemental Pension. - Sec. 101. The supplemental pension paid under section 15a of...

Section 38.1402 - Percentage Increase to Monthly Retirement Allowance Payable After June 30, 1972; Continuation. - Sec. 102. The percentage increase to the monthly retirement allowance...

Section 38.1403 - Percentage Increase to Monthly Retirement Allowance Payable Under Former Provisions; Continuation. - Sec. 103. (1) The percentage increase to the monthly retirement...

Section 38.1404 - Percentage Increase to Monthly Retirement Allowance Payable Under Additional Former Provisions; Continuation. - Sec. 104. (1) The percentage increase to the monthly retirement...

Section 38.1404a - 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 Benefi... - Sec. 104a. (1) After the end of each state fiscal...

Section 38.1405 - Violation; Penalty. - Sec. 105. A person who, with intent to deceive, makes...

Section 38.1406 - Saving Clause. - Sec. 106. All proceedings pending and all rights and liabilities...

Section 38.1407 - Repeal of MCL 38.201 to 38.366. - Sec. 107. Act No. 136 of the Public Acts of...

Section 38.1408 - Administration of Retirement System as Qualified Pension Plan Created in Trust Under Internal Revenue Code; Requirements and Benefit Limitations; Qualified Military Service. - Sec. 108. (1) This section is enacted pursuant to federal...

Section 38.1409-38.1412 - Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997. - Compiler's Notes: The repealed sections pertained to election to terminate...

Article 7 - (38.1420...38.1467)

Section 38.1420 - Tier 2 Plan; Implementation. - Sec. 120. Notwithstanding any other provision of this act, the...

Section 38.1421 - Words and Phrases in Sections 122 to 124; Date for Implementation of Tier 2 Plan. - Sec. 121. (1) For the purposes of this article, the...

Section 38.1422 - "Accumulated Balance" and "Compensation" Defined. - Sec. 122. (1) "Accumulated balance" means the total balance in...

Section 38.1423 - "Employer" and "Former Qualified Participant" Defined. - Sec. 123. (1) "Employer" means a reporting unit. (2) "Former...

Section 38.1424 - "Plan Document," "Qualified Participant," "Refund Beneficiary," and "State Treasurer" Defined. - Sec. 124. (1) "Plan document" means the document that contains...

Section 38.1425 - Tier 2; Department as Fiduciary and Trustee; Appointment of Advisory Board; Provisions and Procedures; Personnel and Other Services; Adoption and Compliance. - Sec. 125. (1) The department shall administer Tier 2 and...

Section 38.1426 - Request for Hearing; Conduct Under Administrative Procedures Act of 1969. - Sec. 126. (1) A qualified participant, former qualified participant, or...

Section 38.1427 - Investment; Direction by Qualified Participant, Former Qualified Participant, and Refund Beneficiary; Applicability of Limitations; Annuity Options. - Sec. 127. (1) Each qualified participant, former qualified participant, and...

Section 38.1428 - Tier 2; Administrative Expenses. - Sec. 128. The administrative expenses of Tier 2 shall be...

Section 38.1429 - Participation in Other Public Sector Retirement Benefits Plan; "Public Sector Employer" Defined. - Sec. 129. A qualified participant shall not participate in any...

Section 38.1431 - Tier 2 Account; Contributions; Additional Contribution; Additional Matching Contributions by Employer. - Sec. 131. (1) This section is subject to the vesting...

Section 38.1431a - Tier 2 Accounts; Terms and Conditions. - Sec. 131a. Tier 2 accounts are subject to the following...

Section 38.1432 - Vesting. - Sec. 132. A qualified participant is immediately 100% vested in...

Section 38.1434 - Refund Beneficiary. - Sec. 134. A qualified participant or former qualified participant may...

Section 38.1435 - Tier 2; Eligibility to Receive Distribution; Effect of Death of Qualified Participant; Methods of Distribution. - Sec. 135. (1) A qualified participant is eligible to receive...

Section 38.1437 - Exemption From State, County, Municipal, or Local Tax; Right to Setoff to Recover Overpayments. - Sec. 137. (1) Distributions from employer contributions made pursuant to...

Section 38.1451-38.1467 - Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997. - Compiler's Notes: The repealed sections pertained to termination of membership...

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Michigan Compiled Laws Chapter 38 - Civil Service and Retirement Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467)

Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467)