Michigan Compiled Laws
Article 7 - (38.1420...38.1467)
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 131(2) and earnings on those employer contributions, and distributions from employee contributions made pursuant to section 131(2) and earnings on those employee contributions, are exempt from any state, county, municipal, or other local tax. Distributions from employer contributions made pursuant to section 131(2) and earnings on those employer contributions and distributions from employee contributions made pursuant to section 131(2) and earnings on those employee contributions are subject to the public employee retirement benefit protection act, 2002 PA 100, MCL 38.1681 to 38.1689.
(2) The department has the right of setoff to recover overpayments made under this act and to satisfy any claims arising from embezzlement or fraud committed by a qualified participant, former qualified participant, refund beneficiary, or other person who has a claim to a distribution or any other benefit from Tier 2.
(3) The department shall correct errors in the records and actions in Tier 2 under this act, and shall seek to recover overpayments and shall make up underpayments.
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.