Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement

Section 38.1171 - Transfer of Responsibility for Deferred Compensation Plans to State Treasurer; Transfer of Suggestion Awards Program and Other Employee Benefit Programs From Department of Civil Service to the Department of Management and Budget. - WHEREAS, Article V, Section 2, of the Constitution of the...

E.R.O. No. 2002-9 - Executive Reorganization Order (38.1172 - 38.1172)

Section 38.1172 - Transfer of Powers and Duties of Office of State Employer and Department of Management and Budget Related to Administration of State Employees Benefit Programs and Quality Recognition System to Department of Civil Service by Type II... - WHEREAS, Article V, Section 1, of the Constitution of the...

E.R.O. No. 2002-12 - Executive Reorganization Order (38.1173 - 38.1173)

Section 38.1173 - Transfer of Powers and Duties of Department of Management and Budget, Office of State Employer, Department of Treasury, and Department of Information Technology Related to Direction and Management of Hrmn System to Department of Civ... - WHEREAS, Article V, Section 1, of the Constitution of the...

E.R.O. No. 2015-4 - Executive Reorganization Order (38.1174 - 38.1174)

Section 38.1174 - Creation of State of Michigan Retirement Board Within Department of Technology, Management, and Budget; Transfer of Powers and Duties Concerning Retirement Allowances, Pensions, or Other Retirement Benefits Under Michigan Military A... - WHEREAS, Article V, Section 1, of the Constitution of the...

E.R.O. No. 2016-5 - Executive Reorganization Order (38.1175 - 38.1175)

Section 38.1175 - Transfer of Powers and Duties of Office of State Employer Related to Administration of State Employee Service Program From Office of State Employer to Michigan Civil Service Commission by Type II Transfer. - WHEREAS, Section 1 of Article V of the Michigan Constitution...

E.R.O. No. 2018-5 - Executive Reorganization Order (38.1176 - 38.1176)

Section 38.1176 - Creation of State of Michigan Investment Board Within Department of Treasury; Transfer of Powers and Duties of State Treasurer Created Under Public Employee Retirement System Investment Act or Authorizing Statutes to the Board; Tran... - WHEREAS, Article V, Section 1 of the Michigan Constitution of...

Act 452 of 1978 - Compensation for Injured Employees of Department of State (38.1181 - 38.1182)

Section 38.1181 - Assault on Department of State Employee Rendering Direct Services to Public; Compensation. - Sec. 1. (1) A person employed as a classified employee...

Section 38.1182 - Definition of Employee Rendering Direct Services to Public. - Sec. 2. For the purposes of this act, an employee...

Act 429 of 1978 - Salaries and Benefits of Nonclassified State Employees (38.1201 - 38.1209)

Section 38.1201 - Applicability of Act. - Sec. 1. This act applies to employees of the state...

Section 38.1202 - Salary Considered Annual Salary; Salary Payments. - Sec. 2. A salary prescribed by statute or in an...

Section 38.1203 - Sick, Annual, Bonus, and Personal Leave Time. - Sec. 3. The crediting, accumulation, use, and recording of sick,...

Section 38.1204 - Terminal Leave Benefits; Approved Leave of Absence. - Sec. 4. When services of a nonclassified employee are terminated...

Section 38.1205 - Annual Longevity Payments. - Sec. 5. A nonclassified employee shall be eligible for annual...

Section 38.1206 - Voluntary Payroll Deductions; Group Benefits. - Sec. 6. A nonclassified employee is entitled to the same...

Section 38.1207 - Terminal Payment for Accrued Leave Balances. - Sec. 7. A terminal payment for accrued leave balances, as...

Section 38.1208 - Procedures for Administering Act. - Sec. 8. The department of management and budget may establish...

Section 38.1209 - Effective Date. - Sec. 9. This act shall take effect October 1, 1978....

Act 149 of 1999 - Public Employee Health Care Fund Investment Act (38.1211 - 38.1216)

Section 38.1211 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.1212 - Definitions. - Sec. 2. As used in this act: (a) "Bankruptcy trust"...

Section 38.1213 - Establishment of Public Employee Health Care Fund; Resolution. - Sec. 3. The legislative body of a public corporation may...

Section 38.1214 - Investment Fiduciary; Duties. - Sec. 4. An investment fiduciary shall invest the assets of...

Section 38.1214a - Trustee of Bankruptcy Trust; Service; Removal; Vacancy on Board; Meetings; Business Conducted at Public Meeting; Publication of Summary Annual Report on Public Website; "Appointing Authority" Defined. - Sec. 4a. (1) A trustee of a bankruptcy trust serves...

Section 38.1214b - Compensation. - Sec. 4b. Subject to a plan for adjustment, if a...

Section 38.1215 - Investment of Trust Assets; Resolution. - Sec. 5. The legislative body of a public corporation may,...

Section 38.1216 - Actuarial Review; Report. - Sec. 6. The investment fiduciary shall have an actuarial review...

Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467)

Article 1 - (38.1301...38.1309)

Section 38.1301 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.1302 - Meanings of Words and Phrases. - Sec. 2. For the purposes of this act, the words...

Section 38.1303 - Definitions; A. - Sec. 3. (1) "Accumulated contributions" means 1 or more of...

Section 38.1303a - “Compensation” Explained. - Sec. 3a. (1) Except as otherwise provided in this act,...

Section 38.1304 - Definitions; C to M. - Sec. 4. (1) "Compound interest" means interest compounded annually on...

Section 38.1305 - Definitions; M, N. - Sec. 5. (1) "Member" means a public school employee, except...

Section 38.1306 - Definitions; O, P. - Sec. 6. (1) "Original member" means a member employed in...

Section 38.1307 - Definitions; R. - Sec. 7. (1) "Refund beneficiary" means 1 or more persons...

Section 38.1308 - Definitions; S, T. - Sec. 8. (1) "Service" means personal service performed as a...

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...

Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558)

Section 38.1501 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.1502 - Meanings of Words and Phrases. - Sec. 2. For the purposes of this act, the words...

Section 38.1502a - Definitions; C to J. - Sec. 2a. (1) "Certification date" means August 15, 1996. (2)...

Section 38.1502b - Definitions; M. - Sec. 2b. (1) "Member" means an individual who is included...

Section 38.1502c - Definitions; P to V. - Sec. 2c. (1) "Participating court" means a judicial circuit court,...

Section 38.1503-38.1510a - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed sections pertained to credited service.

Section 38.1512-38.1535 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed sections pertained to benefit programs.

Section 38.1536 - Retirement Board; Creation; Retirement System as Public Corporation; Powers and Duties; Administrative Functions; Membership; Rules of Procedure; Record of Proceedings; Quorum; Voting; Term of Office; Oath; Expenses; Absence of Memb... - Sec. 36. (1) A retirement board is created to administer...

Section 38.1536a - Repealed. 2004, Act 490, Imd. Eff. Dec. 28, 2004. - Compiler's Notes: The repealed section pertained to promulgation of administrative...

Section 38.1537, 38.1538 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed sections pertained to annual reports, tables,...

Section 38.1539 - Retirement Board as Trustees of Money and Other Assets; Investments; Investment Counsel; Purpose of Investments; Discretionary Authority. - Sec. 39. (1) The retirement board shall be the trustees...

Section 38.1540 - Prohibited Conduct. - Sec. 40. Members of the retirement board and employees of...

Section 38.1541-38.1544a - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed sections pertained to election to participate...

Section 38.1545 - Annual Meeting; Selection of Members to Retirement Board; Transaction of Business; Notice of Meeting; Certification of Delegates; Conduct of Election; Nominating Procedures; Referendum. - Sec. 45. (1) The retirement board shall call an annual...

Section 38.1545a-38.1554 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed sections pertained to disposition of reserves.

Section 38.1545b - Contested Case Hearing. - Sec. 45b. The retirement board shall provide for a hearing...

Section 38.1555 - Repeal of MCL 38.601 to 38.669. - Sec. 55. Act No. 135 of the Public Acts of...

Section 38.1556 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed section pertained to retirement system as...

Section 38.1557 - Repealed. 1992, Act 63, Eff. May 22, 1993. - Compiler's Notes: The repealed section pertained to a municipality participating...

Section 38.1558 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996. - Compiler's Notes: The repealed section pertained to recognition of prior...

Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674)

Section 38.1601 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.1602 - Meanings of Words and Phrases. - Sec. 2. For the purposes of this act, the words...

Section 38.1603 - Definitions; B to L. - Sec. 3. (1) "Banked leave time program" means the part...

Section 38.1604 - Definitions; M to S. - Sec. 4. (1) "Member", except where the context otherwise requires,...

Section 38.1605 - Michigan State Police Retirement System; Creation. - Sec. 5. A Michigan state police retirement system is created...

Section 38.1606 - State Police Retirement Board; Creation; Appointment, Qualifications, and Terms of Members. - Sec. 6. (1) Effective January 1, 1987, the state police...

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. - Sec. 7. (1) A member of the retirement board, upon...

Section 38.1608 - State Police Retirement Board; per Diem Compensation; Reimbursement of Expenses; Maximum Number of Meetings. - Sec. 8. The per diem compensation of the retirement board...

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. - Sec. 9. (1) The state treasurer shall be treasurer of...

Section 38.1610 - Warrants. - Sec. 10. The retirement system shall draw its warrants upon...

Section 38.1611 - Engagement of Actuary; Annual Valuation; Experience Investigation and Risk Assumptions; Report. - Sec. 11. (1) The retirement board, in consultation with the...

Section 38.1612 - State Police Retirement Board; Chairperson; Executive Secretary. - Sec. 12. The retirement board shall elect from its membership...

Section 38.1613 - Summary of Fiscal Transactions. - Sec. 13. By April 15 of each year, the department...

Section 38.1613a - Correction of Error; Benefit Payment Adjustment. - Sec. 13a. If a change or error in the records...

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; Pension and Retiree Health Care Payroll Growt... - Sec. 14. (1) The funding objective of the retirement system...

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 Di... - Sec. 14a. (1) This section is enacted under section 401(a)...

Section 38.1615 - Reserve for Employee Contributions; Subaccounts; Transfer of Accumulated Member Contributions. - Sec. 15. (1) The reserve for employee contributions is the...

Section 38.1615a - Mandatory Contributions Into the Reserve for Employee Contributions. - Sec. 15a. (1) Beginning with his or her first pay...

Section 38.1616 - Reserve for Employer Contributions; Transfer of Accumulated Employer Contributions. - Sec. 16. (1) The reserve for employer contributions is the...

Section 38.1617 - Reserve for Retired Benefit Payments; Transfer Between Reserve for Employer Contributions and Reserve for Retired Benefit Payments. - Sec. 17. (1) The reserve for retired benefit payments is...

Section 38.1618 - Reserve for Casualty Experience; Initial Casualty Valuation as Determining Full Funding Reserve Requirements; Allocation From Assets; Retiree Casualty Payments; “Casualty” Defined. - Sec. 18. (1) The reserve for casualty experience is the...

Section 38.1619 - Reserve for Undistributed Investment Income; Amounts to Be Transferred; Providing Contingency Reserves or Meeting Requirements of Other Reserve Accounts; Insufficient Balance. - Sec. 19. The reserve for undistributed investment income is the...

Section 38.1620 - Administrative Expenses; Appropriation. - Sec. 20. The expenses for the administration of the retirement...

Section 38.1621 - Allocation of Undistributed Investment Income; Charging Amounts Allocated; Allocation Rates. - Sec. 21. The department shall at least annually allocate all...

Section 38.1622 - Payment Date of Retirement Allowance; Payment Upon Cessation of Retirement Allowance. - Sec. 22. Each retirement allowance payable under this act shall...

Section 38.1623 - Employees of Department of State Police as Members of Retirement System; Tier 1 or Tier 2 Plan; Resignation, Death, Transfer, or Dismissal of Member; Lump Sum; Transfer of Unclaimed Contributions. - Sec. 23. (1) Except as otherwise provided under 1935 PA...

Section 38.1624 - Eligibility for Retirement; Application for Retirement; Mandatory Retirement; Amount of Retirement Allowance; Death of Retirant; Appeal to Retirement Board; Retirement Allowance Payment Options; Retirement Allowance Beneficiary; Exc... - Sec. 24. (1) Except as provided in section 24b and...

Section 38.1624a - Deferred Retirement Option Plan. - Sec. 24a. (1) A deferred retirement option plan is established...

Section 38.1624b - Members on or After June 10, 2012; Minimum Eligibility for Retirement; Application for Retirement; Amount of Retirement Allowance. - Sec. 24b. (1) A member who first became a member...

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... - Sec. 25. (1) Except as provided in section 24(4) and...

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; Eligibility for Health Insurance Coverage. - Sec. 26. (1) Except as provided in section 24(4) and...

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; Eligibility for Health Insurance Co... - Sec. 27. (1) Except as provided in section 24(4) and...

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; Eligibility for Health Insurance Coverage. - Sec. 28. (1) Except as provided in section 24(4) and...

Section 38.1629 - Retirement Allowance on Grounds of Disability; Medical Examination; Certification of Findings; Failure to Return to Active Duty; Forfeiture of Rights. - Sec. 29. (1) A physician designated by the director of...

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 S... - Sec. 30. (1) A member who resigns, dies, is transferred...

Section 38.1631 - Remarriage of Surviving Spouse. - Sec. 31. The remarriage of a surviving spouse shall not...

Section 38.1632 - Purchase of Service Credit for Active Duty With Armed Forces. - Sec. 32. (1) A member of the retirement system who...

Section 38.1633 - Purchase of Service Credit for Service in Vista or Peace Corps; Eligibility Exception. - Sec. 33. (1) Except as otherwise provided in this section,...

Section 38.1634 - Leaving Service or Reducing Hours of Employment for Purposes of Maternity or Paternity or Child Rearing; Purchase of Service Credit; Eligibility Exception. - Sec. 34. (1) Except as otherwise provided in this section,...

Section 38.1635 - Partial Purchase of Service Credit. - Sec. 35. A member who is otherwise entitled to purchase...

Section 38.1636 - Reinstatement of Disability Retirant. - Sec. 36. A person who retires under section 26 due...

Section 38.1637 - Supplement to Retirement Allowance Under Former MCL 28.107(5). - Sec. 37. The supplement to the retirement allowance payable under...

Section 38.1638 - Supplement to Retirement Allowance Under Former MCL 28.108c. - Sec. 38. The supplement to the retirement allowance payable under...

Section 38.1639 - Supplement to Retirement Allowance on or After October 1, 1986. - Sec. 39. On or after October 1, 1986, the monthly...

Section 38.1639a - Monthly Retirement Allowance of Retirant or Beneficiary of Deceased Retirant; Increase in Payments; Requirements; Basis for Calculations of Future Adjustments. - Sec. 39a. (1) Effective October 1, 1996, the monthly retirement...

Section 38.1640 - Total Retirement Allowance of Retirant or Beneficiary of Deceased Retirant; Increase; Basis for Calculations of Future Adjustments. - Sec. 40. (1) Effective October 1, 1986, after the retirant...

Section 38.1640a - Retirement Allowance of Retirant or Retirement Allowance Beneficiary; Increase; Amount; Limitation. - Sec. 40a. (1) Effective October 1, 1996, after the retirant's...

Section 38.1640b - Recalculation of Retirement Allowance. - Sec. 40b. The retirement system shall recalculate each retirant's or...

Section 38.1640c - Supplemental Benefit; Conditions. - Sec. 40c. (1) Beginning October 1, 2015, and subject to...

Section 38.1641 - Retirement Allowance Increases for Command Officers; Effect on Salary Adjustments. - Sec. 41. The retirement allowance increases being given to command...

Section 38.1641a - Retirant Participating and Accruing Leave Time in Bank Time Hours Program Established December 22, 1957 to July 13, 1963; Supplement. - Sec. 41a. (1) On or after January 1, 2007, the...

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; Application of Section to... - Sec. 42. (1) Hospitalization and medical coverage insurance premiums payable...

Section 38.1642a - Elimination of Health Insurance Coverage Premium for Certain Members; Contributions Into Tier 2 Account; Credit to Health Reimbursement Account. - Sec. 42a. (1) A member who first becomes a member...

Section 38.1642b - Qualified Participant; Tier 1 and Tier 2 Vesting Schedule. - Sec. 42b. (1) A qualified participant is immediately 100% vested...

Section 38.1643 - Right of Member, Retirant, or Beneficiary to Retirement Allowance or Other Benefit. - Sec. 43. The right of a member, retirant, or beneficiary...

Section 38.1644 - Transfer of Records, Personnel, Property, or Funds to Retirement System. - Sec. 44. Effective January 1, 1987, all records, personnel, property,...

Section 38.1645 - General Administration, Management, and Responsibility for Operation of Retirement System. - Sec. 45. Through December 31, 1986, the general administration, management,...

Section 38.1646 - Savings Clause. - Sec. 46. All proceedings pending and all rights and liabilities...

Section 38.1647 - Repeal of MCL 28.101 to 28.110. - Sec. 47. Act No. 251 of the Public Acts of...

Section 38.1648 - Effective Date; Exceptions. - Sec. 48. Except as provided in sections 6 and 44,...

Section 38.1660 - Implementation of Tier 2 Plan. - Sec. 60. Notwithstanding any other provision of this act, the...

Section 38.1661 - Meanings of Words and Phrases. - Sec. 61. For the purposes of this section and sections...

Section 38.1662 - Definitions; a to C. - Sec. 62. (1) "Accumulated balance" means the total balance in...

Section 38.1663 - Definitions; E to F. - Sec. 63. (1) "Employer" means this state. (2) "Former qualified...

Section 38.1664 - Definitions; P to R. - Sec. 64. (1) "Plan document" means the document that contains...

Section 38.1665 - Administration of Tier 2 Plan; Department as Fiduciary and Trustee; Plan Document; Employ or Contract Personnel. - Sec. 65. (1) The department shall administer Tier 2 and...

Section 38.1666 - Claim of Rights Under Tier 2; Hearing; Application of Administrative Procedures Act to Tier 2. - Sec. 66. (1) A qualified participant, former qualified participant, or...

Section 38.1667 - Investment Options Under Tier 2 Plan; Limitations Do Not Apply. - Sec. 67. Each qualified participant, former qualified participant, and refund...

Section 38.1668 - Payment of Administrative Expenses of Tier 2 Plan. - Sec. 68. The administrative expenses of Tier 2 must be...

Section 38.1669 - Participation in Other Public Sector Retirement Benefits Plan Prohibited; Exception. - Sec. 69. A qualified participant shall not participate in any...

Section 38.1670 - Tier 2 Vesting and Contribution Requirements. - Sec. 70. (1) This section is subject to the vesting...

Section 38.1672 - Nomination of Refund Beneficiary; Requirements. - Sec. 72. A qualified participant or former qualified participant may...

Section 38.1673 - Distribution of Accumulated Balance in Tier 2; Death of Participant; Optional Methods of Distribution. - Sec. 73. (1) A qualified participant is eligible to receive...

Section 38.1674 - Right of Setoff; Overpayments; Embezzlement or Fraud; Correction of Errors. - Sec. 74. (1) The department has the right of setoff...

Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)

Section 38.1681 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.1682 - Definitions. - Sec. 2. As used in this act: (a) "Department" means...

Section 38.1683 - Rights Not Subject to Process of Law or Assignment. - Sec. 3. The right of a member or retirant of...

Section 38.1684 - Rights Subject to Forfeiture and Domestic Relations Orders. - Sec. 4. (1) The right of a member or retirant...

Section 38.1685 - Award or Order Requiring Withholding Payments; Limitations. - Sec. 5. If an award or order described in section...

Section 38.1686 - Benefit Payments; Establishment of Arrangement and Fund. - Sec. 6. (1) A retirement system may elect by a...

Section 38.1687 - Retirement System and Benefits Subject to MCL 800.401 to 800.406. - Sec. 7. The retirement system and retirement benefits shall be...

Section 38.1688 - Loan Eligibility; Correcting Records and Recovering Overpayments. - Sec. 8. (1) This act is not intended to prohibit...

Section 38.1688a - Retirants Eligible for Election to Governing Board; Equal Treatment; Compensation; Definitions. - Sec. 8a. (1) A retirement system that has both members...

Section 38.1689 - Notification of Disqualification From u.s. Internal Revenue Service. - Sec. 9. If the department receives notification from the United...

Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)

Section 38.1701 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.1702 - Definitions. - Sec. 2. As used in this act: (a) "Alternate payee"...

Section 38.1703 - Right of Alternate Payee to Share of Benefit Payable to Participant; Payment of Benefit Pursuant to Edro. - Sec. 3. Subject to the requirements of this act, an...

Section 38.1704 - Payment of Benefit to Alternate Payee Under Edro; Effective Date; Form. - Sec. 4. Except as otherwise provided in this act, the...

Section 38.1705 - Election by Alternate Payee to Receive Interest in Benefit After Participant's Earliest Retirement Date, but Before Termination of Employment Date; Recalculation of Benefit if Participant Retires Before Age 60. - Sec. 5. (1) An EDRO may provide for the payment...

Section 38.1706 - Spouse Under Judgment of Separate Maintenance or Former Spouse Considered in Edro as Surviving Spouse for Purpose of Receiving Retirement Benefit; Benefit Amount. - Sec. 6. An EDRO may provide that a spouse under...

Section 38.1707 - Death of Alternate Payee Before Interest in Benefit Paid; Reversion. - Sec. 7. If an alternate payee under this act dies...

Section 38.1708 - Creation, Assignment, or Recognition of Alternate Payee's Right to Interest in Benefit Share Not Prohibited Assignment Under Retirement System. - Sec. 8. The creation, assignment, or recognition of a right...

Section 38.1709 - Determination by Retirement System Whether Domestic Relations Order Is Edro; Procedure; Notice. - Sec. 9. Each retirement system shall establish a reasonable procedure...

Section 38.1710 - Domestic Relations Order as Edro; Determination by Retirement System; Notice; Retirement Allowance Effective Date; Filing Amended Edro; Providing Notice by First-Class Mail. - Sec. 10. (1) Except as otherwise provided in this section,...

Section 38.1711 - Status of Domestic Relations Order Filed With Retirement System Before Effective Date of Act. - Sec. 11. A domestic relations order filed with the retirement...

Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670)

Article I - (38.2101...38.2111)

Section 38.2101 - Short Title. - Sec. 101. This act shall be known and may be...

Section 38.2102 - Meanings of Words and Phrases. - Sec. 102. For the purposes of this act, the words...

Section 38.2103 - Definitions; A. - Sec. 103. (1) "Accumulated contributions" means the balance standing to...

Section 38.2104 - Definitions; C, D. - Sec. 104. (1) "Compensation" means 1 of the following: (a)...

Section 38.2105 - Definitions; E, F. - Sec. 105. (1) Beginning January 1, 2002, except as otherwise...

Section 38.2106 - Definitions; I to M. - Sec. 106. (1) "Interest" means the rate or rates of...

Section 38.2107 - Definitions; O. - Sec. 107. (1) "Option A beneficiary" means the retirement allowance...

Section 38.2108 - Definitions; P. - Sec. 108. (1) "Plan 1 member" means a member or...

Section 38.2109 - Definitions; R. - Sec. 109. (1) "Refund beneficiary" means 1 or more persons...

Section 38.2110 - Definitions; S. - Sec. 110. (1) "Salary standardization payment" means the amount of...

Section 38.2110a - “Tier 1” and “Tier 2” Defined. - Sec. 110a. (1) "Tier 1" means the retirement plan available...

Section 38.2111 - Definitions; V. - Sec. 111. "Vested former member" means a member who is...

Article II - (38.2201...38.2217)

Section 38.2201 - Michigan Judges Retirement System; Creation; Purpose. - Sec. 201. The Michigan judges retirement system is created for...

Section 38.2202 - Michigan Judges Retirement Board; Creation Within Department; Membership; Terms; Vacancy; Compensation and Expenses. - Sec. 202. (1) The Michigan judges retirement board is created...

Section 38.2203 - Retirement Board Member; Oath; Quorum; Unexcused Absences; Election of Chairperson and Vice Chairperson. - Sec. 203. (1) Each appointed retirement board member, before assuming...

Section 38.2204 - Retirement Board; Duties Pursuant to MCL 16.101 to 16.608; Rules; Conducting Business at Public Meeting; Writings Available to Public. - Sec. 204. (1) The retirement board has the rights, authority,...

Section 38.2205 - Management Functions; Director of Bureau of Retirement Systems as Executive Secretary; Employees. - Sec. 205. The department shall be responsible for the budgeting,...

Section 38.2206 - State Treasurer as Treasurer of Retirement System; Authority; Duties. - Sec. 206. (1) The state treasurer is the treasurer of...

Section 38.2207 - Attorney General as Retirement Board Attorney. - Sec. 207. The attorney general is the legal adviser to...

Section 38.2208 - Administration of Retirement System. - Sec. 208. The retirement system shall draw its warrants upon...

Section 38.2209 - Annual Report. - Sec. 209. The retirement system shall prepare an annual report...

Section 38.2210 - Reserve for Member Contributions. - Sec. 210. The reserve for member contributions is created. The...

Section 38.2211 - Reserve for Employer Contributions. - Sec. 211. The reserve for employer contributions is created. The...

Section 38.2212 - Reserve for Retirement Benefits. - Sec. 212. The reserve for retirement benefits is created. The...

Section 38.2213 - Reserve for Investment Income. - Sec. 213. (1) The reserve for investment income is created....

Section 38.2214 - Reserve for Health Benefits. - Sec. 214. The reserve for health benefits is created. The...

Section 38.2214a - Postretirement Medical Benefits. - ***** 38.2214a THIS SECTION IS REPEALED BY ACT 215 OF...

Section 38.2215 - Determination of Actuarial Cost; Establishing Method; Calculation. - Sec. 215. The retirement board and the department shall establish...

Section 38.2216 - Compliance With Reciprocal Retirement Act. - Sec. 216. The retirement system shall comply with the reciprocal...

Section 38.2217 - Court Fee Fund; Applicability of Section. - Sec. 217. (1) A court fee fund is created in...

Article III - (38.2301...38.2308)

Section 38.2301 - Actuary; Duties. - Sec. 301. (1) The retirement system shall direct the actuary...

Section 38.2302 - Annual Appropriation; Determination and Certification of Amount. - Sec. 302. (1) Except as provided in subsection (2), the...

Section 38.2303 - Thirty-Sixth District Court; Annual Contribution; Amount; Plan 3b or 3c Member Supplemental Salary Payment. - Sec. 303. (l) The reporting unit for the district court...

Section 38.2304 - Deposit of Court Fees, Late Fees, and Interest Payments. - ***** 38.2304 SUBSECTION (4) MAY NOT APPLY: See (4) of...

Section 38.2305 - Contributions; Plan Member Classification; Manner of Payment; Withholding Payment to County or District Control Unit for Contributions Not Received Within 60 Days. - Sec. 305. (1) Each member, upon taking office and so...

Section 38.2306 - Member Contributions Picked Up by State; Tax Treatment; Contributions Picked Up by Employer of Judge in Detroit Recorder's Court, Thirty-Sixth District Court, or Probate Court or by Resolution or Act of Governing Body; Contributions... - Sec. 306. (1) This state shall pick up member contributions...

Section 38.2307 - Disposition of Unclaimed Retirement Allowance or Money Payable on Separation or Death. - Sec. 307. Upon the separation from service by a member...

Section 38.2308 - Offsetting Benefits Against Amounts Owed; Forfeiture of Service Credit for Transfer to Federal Agency; Rights Subject to Public Employee Retirement Benefit Protection Act. - Sec. 308. (1) The retirement system may offset retirement benefits...

Article IV - (38.2401...38.2406)

Section 38.2401 - Retirement System; Members; Membership Form; Conditions for Ceasing Membership. - Sec. 401. (1) Each of the following is a member...

Section 38.2401a - Exclusion From Tier 1; Eligibility as Qualified Participant in Tier 2. - Sec. 401a. (1) Notwithstanding section 401, an individual described in...

Section 38.2402 - Retirement Board; Determining Service Credits; Forfeiture; Reinstatement; Service Credit for Limited Period or Specific Assignment. - Sec. 402. (1) The retirement board shall credit each member...

Section 38.2403 - Election to Purchase Other Public Service Credit; Request; Documentation; Payment of Actuarial Cost; Basis for Calculating Service Credit. - Sec. 403. (1) A member who has 4 or more...

Section 38.2404 - Election to Purchase Active Duty Service Credit; Request; Documentation; Payment to Reserve; Basis for Calculating Service Credit. - Sec. 404. (1) A member who has 12 or more...

Section 38.2405 - Accumulated Contributions; Payment to Person Ceasing to Be Member; Payment to Refund Beneficiary Before Retirement Allowance Is Payable; Payment to Refund Beneficiary if Retirant and Option a Beneficiary, Option B Beneficiary, or Sp... - Sec. 405. (1) Except as otherwise provided in this act,...

Section 38.2406 - Retirant Authorized by Supreme Court to Perform Judicial Duties for Limited Period or Specific Assignment; Retirant Elected or Appointed by Governor as Judge or State Official. - Sec. 406. (1) If a retirant is authorized by the...

Article V - (38.2501...38.2512)

Section 38.2501 - Retirement Allowance; Requirements; Application; Form; Retirement Date; Beginning Payment. - Sec. 501. (1) A member or vested former member who...

Section 38.2501a - Early Retirement Benefits Act; System Subject to Regulation. - Sec. 501a. This retirement system is subject to the regulation...

Section 38.2502 - Vested Former Member; Entitlement to Deferred Vested Service Retirement Allowance; Forfeiture. - Sec. 502. A member who leaves office for a reason...

Section 38.2503 - Member or Vested Former Member; Payment of Straight Life Retirement Allowance; Calculation; Payment for Lifetime of Retirant; Election of Optional Retirement Allowance. - Sec. 503. (1) Upon retirement as provided in this act,...

Section 38.2504 - Plan 3 Member; Conversion of $2,250.00 of State Salary Standardization Payment; Exemptions; Limitations; State Base Salary of Probate Court Judge; Deduction and Transfer of Contribution. - Sec. 504. (1) Except as otherwise provided in this subsection,...

Section 38.2504a - Plan 3 Member; Election; Filing; Manner; Payment; Definitions; Applicability of Section. - ***** 38.2504a THIS SECTION IS REPEALED BY ACT 215 OF...

Section 38.2505 - Salary Standardization Payment as Wages for Social Security Reporting Purposes. - Sec. 505. For a member who is a judge and...

Section 38.2506 - Election of Straight Life Retirement Allowance or Optional Retirement Allowance. - Sec. 506. (1) Upon application for retirement under this act,...

Section 38.2507 - Disability; Determination by Medical Adviser; Notice to Appeal; Determination by Medical Committee; Refusal to Submit to Medical Examination; Payment. - Sec. 507. (1) A member who has 8 or more...

Section 38.2508 - Death of Member With 8 or More Years of Credited Service or of Vested Former Member Before Retirement; Payment of Retirement Allowance. - Sec. 508. (1) If a member who has 8 or...

Section 38.2509 - Hospital and Medical-Surgical and Sick Care Benefits; Payment of Premiums. - Sec. 509. (1) The retirement system shall pay the premium...

Section 38.2510 - Effective Date of Retirement Before January 1, 1980; Exception; Supplement. - Sec. 510. (1) Effective June 1, 1996, the retirement allowance...

Section 38.2511 - Effective Date of Retirement Before January 1, 1980; Supplement; Minimum Amount; Retirant or Beneficiary Receiving Annuity or Allowance From Another Publicly Supported System; Former Probate Judges Retirement System. - Sec. 511. (1) Except as provided in subsection (2), the...

Section 38.2512 - Supplemented Retirement Allowance. - Sec. 512. (1) A person may elect to receive a...

Article VI - (38.2601...38.2608)

Section 38.2601 - False Statement or Violation as Misdemeanor; Penalty. - Sec. 601. A person who, with intent to deceive, makes...

Section 38.2602 - Change or Error in Records; Adjustment. - Sec. 602. If a change or error in the records...

Section 38.2603 - Retirement Board Member or Employee; Prohibited Acts. - Sec. 603. Except as provided in this act, a retirement...

Section 38.2604 - Intent of Act; Employer-Financed Benefits; Limitations; Use of Assets; Returning Post-Tax Member Contributions; Beginning Date of Distributions; Minimum Distribution Requirements; Termination of Retirement System; Election to Rollov... - Sec. 604. (1) This section is enacted under section 401(a)...

Section 38.2605 - Effect of Proceedings, Rights, and Liabilities Existing Under Former Judges Retirement System or Former Probate Judges Retirement System. - Sec. 605. All proceedings pending and all rights and liabilities...

Section 38.2606 - Transfer of Assets, Rights, and Obligations Under Former Retirement Systems to Judges Retirement System. - Sec. 606. All assets, rights, and obligations under the former...

Section 38.2607 - Repeal of MCL 38.801 to 38.831, 38.901 to 38.933, and 600.2530a. - Sec. 607. (1) Act No. 198 of the Public Acts...

Section 38.2608 - Conditional Effective Date. - Sec. 608. This act shall not take effect unless House...

Article VII - (38.2651...38.2670)

Section 38.2651 - Participation in Tier 1 or Tier 2 by Member, Vested Former Member, or Former Nonvested Member; Election; Writing; Irrevocability; Method; Election Subject to Domestic Relations Order Act; Disqualification for Tax Purposes; Election... - Sec. 701. (1) The retirement system shall provide an opportunity...

Section 38.2651a - Participation of Judge of Circuit Court, Probate Court, or District Court in Tier 1 or Tier 2; Election; Window of Opportunity; Method; Disqualification for Tax Purposes. - ***** 38.2651a THIS SECTION IS REPEALED BY ACT 215 OF...

Section 38.2651b - Election Pursuant to MCL 38.2651 or MCL 38.2651a. - ***** 38.2651b THIS SECTION IS REPEALED BY ACT 215 OF...

Section 38.2652 - Termination of Membership; Transfer, Recomputation, and Calculation by Retirement System. - Sec. 702. (1) For a member who elects to terminate...

Section 38.2652a - Termination of Membership in Tier 1 Pursuant to MCL 38.2651a; Definitions; Transfer to Account in Tier 2; Calculation; Disqualification for Tax Purposes. - ***** 38.2652a THIS SECTION IS REPEALED BY ACT 215 OF...

Section 38.2653 - Calculation and Submission of Cost Savings. - Sec. 703. After consulting the retirement system's actuary, the department...

Section 38.2654 - Meanings of Words and Phrases; “Accumulated Balance” Defined. - Sec. 704. (1) For the purposes of this article, the...

Section 38.2655 - “Employer,”“former Qualified Participant,” and “Health Benefit Dependent” Defined. - Sec. 705. (1) "Employer" means this state. (2) "Former qualified...

Section 38.2656 - “Qualified Participant,”“refund Beneficiary,”“salary,” and “State Treasurer” Defined. - Sec. 706. (1) "Qualified participant" means an individual who is...

Section 38.2657 - Administration of Tier 2 by State Treasurer. - Sec. 707. (1) The state treasurer shall administer Tier 2...

Section 38.2658 - Hearing. - Sec. 708. (1) A qualified participant, former qualified participant, health...

Section 38.2659 - Direction of Investment by Qualified Participant, Former Qualified Participant, and Refund Beneficiary. - Sec. 709. Each qualified participant, former qualified participant, and refund...

Section 38.2660 - Administrative Expenses. - Sec. 710. The administrative expenses of Tier 2 shall be...

Section 38.2661 - Participation in Other Retirement Benefits Plan; Prohibition. - Sec. 711. (1) A qualified participant shall not participate in...

Section 38.2662 - Judge or State Official; Election Not to Participate or to Discontinue Participation in Tier 2. - Sec. 712. An individual who first becomes a judge or...

Section 38.2663 - Election to Terminate Membership in Tier 1; Credit or Charge to Tier 2 Account. - Sec. 713. (1) The state treasurer shall promptly credit the...

Section 38.2664 - Contributions by Employer and Participant. - Sec. 714. (1) This section is subject to the vesting...

Section 38.2665 - Vesting Requirements. - Sec. 715. (1) A qualified participant is immediately 100% vested...

Section 38.2666 - Participation in Tier 2; Crediting Years of Service Accrued Under Tier 1. - Sec. 716. A qualified participant who was a member, deferred...

Section 38.2667 - Refund Beneficiary. - Sec. 717. A qualified participant or former qualified participant may...

Section 38.2668 - Methods of Distribution. - Sec. 718. (1) A qualified participant is eligible to receive...

Section 38.2669 - Health Insurance Coverage. - Sec. 719. (1) A former qualified participant may elect health...

Section 38.2670 - Distributions; Exemption From Tax; Subject to Taxation Beginning January 1, 2012; Right of Setoff to Recover Overpayments; Satisfaction of Claims Arising From Embezzlement or Fraud; Correction of Errors. - Sec. 720. (1) Except as otherwise provided in this section,...

Act 350 of 1994 - Public Employee Retirement Benefits Forfeiture Act (38.2701 - 38.2705)

Section 38.2701 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.2702 - Definitions. - Sec. 2. As used in this act: (a) "Felony arising...

Section 38.2703 - Forfeiture of Retirement Rights. - Sec. 3. A member or retirant who, before the effective...

Section 38.2704 - Court; Forfeiture Order; Contents; Delivery to Retirement System. - Sec. 4. (1) If a member or retirant, before the...

Section 38.2704a - Freezing of Retirement Benefit; Court Order; Delivery to Retirement System; "Prosecuting Agency" Defined. - Sec. 4a. (1) A retirement benefit subject to forfeiture under...

Section 38.2705 - Retirement System; Compliance With Court Order. - Sec. 5. (1) The retirement system shall comply with an...

E.R.O. No. 1999-5 - Executive Reorganization Order (38.2721 - 38.2721)

Section 38.2721 - Transfer of Authority and Duties Relative to the Deferred Compensation Plans and Defined Contribution Plan From the State Treasurer to the Director of the Department of Management and Budget by Type II Transfer. - WHEREAS, Article V, Section 2, of the Constitution of the...

Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)

Section 38.2731 - Short Title; Meanings of Words and Phrases. - Sec. 1. (1) This act shall be known and may...

Section 38.2732 - Definitions; D to H. - Sec. 2. (1) "Department" means the department of technology, management,...

Section 38.2732a - Definitions; M to P. - Sec. 2a. (1) "Mandatory contributions" means mandatory amounts contributed by...

Section 38.2732b - Definitions; R to V. - Sec. 2b. (1) "Retirement act" means 1 or more of...

Section 38.2733 - Irrevocable Trust; Authorization; Creation; Establishment; Governing Board of Each Retirement System as Grantor; Members of Retirement System Board as Trustees; Deposits; Distributions; Funding Account; Preparation of Annual Financi... - Sec. 3. (1) One irrevocable trust is authorized and created...

Section 38.2734 - Assets as Irrevocable. - Sec. 4. (1) Except as otherwise provided in this section...

Section 38.2735 - Assets; Use; Limitation. - Sec. 5. The assets of the irrevocable trust are to...

Section 38.2736 - Assets Not Subject to Certain Processes of Law. - Sec. 6. The assets of the irrevocable trust and the...

Section 38.2737 - Assets; Diversion for Other Purposes Prohibited. - Sec. 7. The assets of the irrevocable trust shall be...

Section 38.2738 - Remaining Trust Assets; Dissolution; Distribution; Remaining Health Reimbursement Account Assets. - Sec. 8. (1) Any assets remaining in the funding account...

Section 38.2739 - Written Trust Agreement; Contents. - Sec. 9. The written trust agreement for each retirement system...

Section 38.2740 - Retirement Health Care Benefits; Prefunding; Credit to Funding Account; Contribution or Credit to Health Reimbursement Account. - Sec. 10. (1) This state, an employer of a member...

Section 38.2740a - Health Reimbursement Account; Vesting; Rights. - Sec. 10a. (1) A member or participating member is 100%...

Section 38.2741 - Written Plan Document; Terms and Conditions of Payments of Retirement Health Care Benefits and Reimbursements of Medical Expenses. - Sec. 11. (1) The trustees shall establish a separately written...

Section 38.2742 - Severability. - Sec. 12. (1) If the department receives notification from the...

Section 38.2743 - Trusts; Validity. - Sec. 13. The trusts created by this act shall not...

Section 38.2744 - Taxation of Assets and Income; Exemption. - Sec. 14. All assets and income of the trusts shall...

Section 38.2745 - Trustee; Exception From Certain Responsibilities; Indemnification. - Sec. 15. (1) A trustee shall not be any of...

Section 38.2747 - Correction of Error by Trustees. - Sec. 17. If a change or error in any records...

Act 202 of 2017 - Protecting Local Government Retirement and Benefits Act (38.2801 - 38.2812)

Section 38.2801 - Short Title. - Sec. 1. This act shall be known and may be...

Section 38.2802 - Legislature Findings and Declarations. - Sec. 2. The legislature finds and declares that this act...

Section 38.2803 - Definitions. - Sec. 3. As used in this act: (a) "Annual report"...

Section 38.2804 - Retirement Health Benefit Offered by Local Unit of Government; Requirements; "Summary Retiree Health Care Report" Defined. - Sec. 4. (1) Beginning July 1, 2018, if a local...

Section 38.2805 - State Treasurer; Establishment of Uniform Actuarial Assumptions of Retirement Systems; Evaluation System; Review and Oversight of Underfunded Local Unit of Government; Determination; Calculation of Funded Ratios by Local Governmenta... - Sec. 5. (1) For purposes of reporting under this section,...

Section 38.2806 - Underfunded Status; Waiver; Duties of State Treasurer if Local Unit of Government Not Granted Waiver. - Sec. 6. (1) To apply for a waiver of the...

Section 38.2807 - Municipal Stability Board; Creation; Powers, Duties, and Functions; Membership; Appointment by Governor; Qualifications; Terms; Vacancy; Chairperson; Quorum; Meetings; Bylaws; Contract for Professional Services; Travel and Expenses;... - Sec. 7. (1) The municipal stability board is created within...

Section 38.2808 - Development of Corrective Action Plan; List of Best Practices and Strategies. - Sec. 8. The board shall review and annually update a...

Section 38.2809 - Corrective Action Plan; Development and Submission for Approval. - Sec. 9. An underfunded local unit of government shall develop...

Section 38.2810 - Corrective Action Plan; Review and Approval by Board; Inclusion of Corrective Options and Additional Solutions; Disapproval; Notification and Report; Implementation of Plan; Monitor and Certification of Compliance; Contents of Plan. - Sec. 10. (1) The board shall review and vote on...

Section 38.2812 - Board as State Board; Members as State Officers; Presumption of Validity; Court Jurisdiction; Department of Treasury as Party. - Sec. 12. (1) The board is a state board and...

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Michigan Compiled Laws Chapter 38 - Civil Service and Retirement

Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement