Sec. 23d.
(1) A member who meets the service requirements of section 23(1)(a) but not the age requirements of section 23(1)(b), a member who does not meet the requirements of section 23(10)(b), or a deferred vested member may receive a retirement allowance if the board has received a certification by not less than 2 licensed physicians appointed by the board stating that the member or deferred vested member is disabled from engaging in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death, or can be expected to last for a continuous period of 12 months or more.
(2) A member or deferred vested member who is determined eligible to receive a retirement allowance under subsection (1) shall receive the retirement allowance applicable to that member or deferred vested member provided for in section 23(4), (5), or (6).
(3) A member who is currently receiving compensation as a legislator or lieutenant governor shall not receive a retirement allowance under this section.
(4) The board may provide for the examination by 1 or more licensed physicians designated by the board at least once a year of a person who is receiving a retirement allowance under this section during the continuance of the disability. The board shall not provide for an examination after the member attains 55 years of age.
History: Add. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
Structure Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080)
Section 38.1001 - Retirement System; Creation.
Section 38.1002 - Michigan Legislative Retirement System; Name.
Section 38.1003 - Construction of Terms.
Section 38.1004 - “Retirement System” Defined.
Section 38.1005 - Board; Definition.
Section 38.1006 - “Member” Defined.
Section 38.1007 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Section 38.1007a - “Direct Rollover” and “Distributee” Defined.
Section 38.1008 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Section 38.1008a - Definitions.
Section 38.1009 - “Salary” Defined.
Section 38.1010 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Section 38.1012 - “Retirement Allowance” Defined.
Section 38.1013 - “Retirant” Defined.
Section 38.1013a - “Survivor,”“eligible Child,” and “Surviving Spouse” Defined.
Section 38.1014 - “Refund Beneficiary” Defined.
Section 38.1015 - Actuarial Tables; Definition.
Section 38.1016 - Prescribed Rate of Interest; Definition.
Section 38.1017 - “Fiscal Year” Defined.
Section 38.1017a - “Deferred Vested Member” Defined.
Section 38.1017b - “Leadership Position” Defined.
Section 38.1017c - “Legislator” Defined.
Section 38.1017d - “Tier 1” and “Tier 2” Defined.
Section 38.1019 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Section 38.1021a - Member Contributions Picked Up by State.
Section 38.1022a - Income Fund; Creation; Purpose; Interest, Dividends, and Other Income; Expenses.
Section 38.1022b - Prorating and Allocating Annual Appropriations to Retirement System.
Section 38.1023a - Repealed. 1974, Act 215, Eff. Dec. 31, 1974.
Section 38.1023c - Increase of Retirement Allowance.
Section 38.1023d - Disabled Member; Retirement Allowance; Annual Examination.
Section 38.1024a - Remarriage of Surviving Spouse.
Section 38.1027 - First Board of Trustees; Organizational Meeting, Election of Officers.
Section 38.1028 - Vacancy in Trusteeship.
Section 38.1029 - Trustees; Compensation and Expenses.
Section 38.1030 - Board of Trustees; Quorum, Proxy.
Section 38.1031 - Board of Trustees; Powers and Duties.
Section 38.1033 - Board of Trustees; Authority as to Retirement Allowances, Suspensions and Refunds.
Section 38.1035 - Board of Trustees; Estimate of Appropriation.
Section 38.1036 - Repealed. 1987, Act 58, Imd. Eff. June 23, 1987.
Section 38.1036a - Reinstatement of Suspended Contributions.
Section 38.1037 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Section 38.1039 - Board of Trustees; Appointment of Secretary and Administrative Personnel.
Section 38.1040 - Board of Trustees; Record of Proceedings; Individual Accounts; Actuarial Data.
Section 38.1041 - Board of Trustees; Audit of Accounts; Annual Statement.
Section 38.1042 - Acceptance of Gift, Grant, or Bequest by Board.
Section 38.1043 - Individual Statement.
Section 38.1044 - Rules and Bylaws.
Section 38.1045 - Secretary of Board; Powers and Duties.
Section 38.1046 - Actuary; Technical Advisor of Board, Powers and Duties.
Section 38.1047 - State Treasurer as Ex Officio Treasurer of Retirement System; Duties.
Section 38.1049 - Payroll Voucher.
Section 38.1050 - Investment and Reinvestment of Cash Assets; Nonapplicability to Tier 2.
Section 38.1053 - Vested Interest in Refunds; Payment of Member Contributions; Discharge of Claims.
Section 38.1054 - Payments as Obligations of State; Disposition of Revenues.
Section 38.1056 - Undivided Interest in Assets of System.
Section 38.1058 - Retirement System Records; Falsification, Penalty.
Section 38.1058a - Correction of Error; Adjustment of Payment.
Section 38.1059 - Payment of Benefits; Commencement.
Section 38.1060 - Short Title.
Section 38.1064 - Meanings of Words and Phrases; “Accumulated Balance” Defined.
Section 38.1065 - “Employer,”“former Qualified Participant,” and “Health Benefit Dependent” Defined.
Section 38.1066 - “Qualified Participant,”“refund Beneficiary,” and “State Treasurer” Defined.
Section 38.1070 - Tier 2; Payment of Administrative Expenses.
Section 38.1071 - Participation in Other Public Sector Retirement Benefits Plan.
Section 38.1076 - Crediting Years of Accrued Service.
Section 38.1077 - Refund Beneficiary; Nomination.
Section 38.1078 - Distribution of Accumulated Balance.
Section 38.1079 - Health Insurance Coverage; Election; Eligibility.