Michigan Compiled Laws
Article 7 - (38.1420...38.1467)
Section 38.1426 - Request for Hearing; Conduct Under Administrative Procedures Act of 1969.

Sec. 126.
(1) A qualified participant, former qualified participant, or refund beneficiary may request a hearing on a claim involving his or her rights under Tier 2. Upon written request, the department shall provide for a hearing that shall be conducted pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. An individual may be represented by counsel or other authorized agent at a hearing conducted under this section.
(2) Chapters 2, 3, and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.224 to 24.264 and 24.291 to 24.292, do not apply to the establishment, implementation, administration, operation, investment, or distribution of Tier 2.
History: Add. 2010, Act 75, Imd. Eff. May 19, 2010 Compiler's Notes: Enacting section 1 of Act 75 of 2010 provides: "Enacting section 1. If any section or part of a section of this act is for any reason held to be invalid or unconstitutional, the holding does not affect the validity of the remaining sections of this act or the act in its entirety."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 7 - (38.1420...38.1467)

Section 38.1420 - Tier 2 Plan; Implementation.

Section 38.1421 - Words and Phrases in Sections 122 to 124; Date for Implementation of Tier 2 Plan.

Section 38.1422 - "Accumulated Balance" and "Compensation" Defined.

Section 38.1423 - "Employer" and "Former Qualified Participant" Defined.

Section 38.1424 - "Plan Document," "Qualified Participant," "Refund Beneficiary," and "State Treasurer" Defined.

Section 38.1425 - Tier 2; Department as Fiduciary and Trustee; Appointment of Advisory Board; Provisions and Procedures; Personnel and Other Services; Adoption and Compliance.

Section 38.1426 - Request for Hearing; Conduct Under Administrative Procedures Act of 1969.

Section 38.1427 - Investment; Direction by Qualified Participant, Former Qualified Participant, and Refund Beneficiary; Applicability of Limitations; Annuity Options.

Section 38.1428 - Tier 2; Administrative Expenses.

Section 38.1429 - Participation in Other Public Sector Retirement Benefits Plan; "Public Sector Employer" Defined.

Section 38.1431 - Tier 2 Account; Contributions; Additional Contribution; Additional Matching Contributions by Employer.

Section 38.1431a - Tier 2 Accounts; Terms and Conditions.

Section 38.1432 - Vesting.

Section 38.1434 - Refund Beneficiary.

Section 38.1435 - Tier 2; Eligibility to Receive Distribution; Effect of Death of Qualified Participant; Methods of Distribution.

Section 38.1437 - Exemption From State, County, Municipal, or Local Tax; Right to Setoff to Recover Overpayments.

Section 38.1451-38.1467 - Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997.