Michigan Compiled Laws
Article 4 - (38.1360...38.1379b)
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. Eastern Daylight Saving Time, as a condition for granting membership or prior service credit under this act for state of Michigan service, a member shall meet both of the following requirements:
(a) Pay to the retirement system an amount equal to the amount the member would have contributed under the contributory plan for service performed before July 1, 1977 under the schedule governing member contributions in effect at the time of that service had the service been performed under this act or former 1945 PA 136, together with regular interest from the end of the school fiscal year in which the service was performed to the semiannual anniversary of the date following payment.
(b) Relinquish all rights to retirement under the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69. Until September 29, 2017 at 5 p.m. Eastern Daylight Saving Time, a member is entitled to receive benefits under sections 43b and 43c for service performed on or after January 1, 1987 if the member pays the difference between the actuarial equivalent of the benefits provided by sections 43b and 43c and by the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69.
(2) Credit for service performed as a state employee under the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69, must be on the same basis for eligibility in all respects for any form of retirement provided in this act as if the service were performed in a reporting unit under this act.
(3) Until September 29, 2017 at 5 p.m. Eastern Daylight Saving Time, a former member who on or before July 1, 1974, was employed in the state classified or unclassified service, whose membership was transferred to the state employees' retirement system under the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69, and who again became a member of the retirement system created under former 1945 PA 136 or becomes a member of the retirement system created under this act, is entitled to petition the retirement system in writing for a transfer of the member's accumulated contributions, including interest, and service standing to the member's credit with the state employees' retirement system to this retirement system. On receipt of the member's petition, service standing to the member's credit, accumulated contributions, and interest must be transferred from the employee's savings fund created under the state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69, to the reserve for employee contributions of this retirement system. An individual whose membership service and accumulated contributions are transferred back to this retirement system immediately shall have the transferred service credit recognized by the retirement system on the same basis as if the individual continuously had been a member of the retirement system.
(4) If a member who made payment for state of Michigan service dies and a retirement allowance beneficiary has not been designated, or withdraws from service before his or her retirement becomes effective, the payment made by the member must be refunded to the member or to the member's refund beneficiary on request.
(5) After September 29, 2017 at 5 p.m. Eastern Daylight Saving Time, a member is not eligible to initiate a service credit purchase under this section.
History: 1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 2017, Act 92, Imd. Eff. July 13, 2017 Popular Name: Act 300

Structure Michigan Compiled Laws

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)

Article 4 - (38.1360...38.1379b)

Section 38.1360 - Purchase of Service Credit; 2 Years Service Credit Required.

Section 38.1361 - Employment of Retirant in Reporting Unit.

Section 38.1361a - Report to Legislature on Number of Active Employed Retirees.

Section 38.1362 - Purchasing Service Credit; Proof of Service; Contribution and Interest.

Section 38.1363 - Noncontributory Plan; Applicability; Duty of Reporting Unit.

Section 38.1364 - Purchase of Service Credit.

Section 38.1365 - Written Application for Payment of Accumulated Contributions; Forfeiture of Prior Service.

Section 38.1366 - Cessation of Membership; Forfeiture of Service; Return to Service; Reinstatement of Previously Forfeited Service.

Section 38.1367 - Credit for Service in Another Retirement System; Withdrawal of Accumulated Contributions; Forfeiture of Service or Monthly Allowance.

Section 38.1368 - Service Credit; Computing Terms of Service.

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...

Section 38.1369a, 38.1369b - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

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,...

Section 38.1369d, 38.1369e - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

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...

Section 38.1369g - Former Employees of Reporting Unit as Public School Employees; Conditions; Remittances Required for Granting of Service Credit; Definitions.

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...

Section 38.1371 - Sabbatical Leave; Employee Organization Professional Services Leave or Released Time; Member Ineligible to Initiate Service Credit Purchase.

Section 38.1372 - Repealed. 1989, Act 194, Imd. Eff. Aug. 25, 1989.

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.

Section 38.1374 - Service Credit for Member Not Meeting Requirements of MCL 38.1373; Election; Computation of Payment; Restriction; Condition.

Section 38.1374a, 38.1374b - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

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.

Section 38.1376 - Partial Purchase of Service Credit.

Section 38.1377, 38.1378 - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

Section 38.1379 - Actuarial Cost; Recomputation.

Section 38.1379a - Recomputation of Payment for Purchase of Service; Refund.

Section 38.1379b - "Initiate a Service Credit Purchase" Defined.