Sec. 25.
(1) Except as provided in section 24(4) and subject to subsection (4), the retirement system shall pay a retirement allowance to the surviving spouse of a member who, while in the discharge of his or her duty, is killed or receives injuries or contracts a disease or illness, by reason of his or her occupation, that results in his or her death. The retirement allowance must be equal to 60% of the member's final average compensation. On the death of the surviving spouse, or if there is no surviving spouse at the time of the death of the member, the retirement allowance must be paid to the children of the member under the age of 18 years, share and share alike. When each respective child attains the age of 18 years, payment to him or her must cease and his or her share must be prorated among the remaining children under 18 years of age. If there is a retirement allowance payable to a surviving spouse under this section, a retirement allowance of $100.00 per month must be paid to each of the children under the age of 18 years, if any, of the deceased member, and all payments to the children must continue until each respective child reaches the age of 18 years. If there is not a surviving spouse, nor children under the age of 18 years, a retirement allowance equal to 60% of the member's final average compensation must be paid to the mother or father, or both, of the member, if dependent on him or her for support, until the dependency ceases. If there is not a dependent mother or father, a retirement allowance of $100.00 per month must be paid to each of the sisters or brothers, if there are any under 18 years of age dependent upon the member for support. If there are not any dependents, there must be paid to the deceased member's estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions, or $1,500.00, whichever is greater.
(2) The supplements to retirement allowances and minimum annual retirement allowance provisions of this act do not apply to the special $100.00 per month allowance to children and the allowance to dependent parents and siblings.
(3) The retirement allowance payable under this section, when added to the statutory worker's compensation benefits applicable in the case, must not exceed the average annual salary paid to the member for the member's last 2 years of service with the department of state police before his or her death.
(4) For a member who first becomes a member on or after June 10, 2012, who while in the discharge of his or her duty is killed or receives injuries or contracts a disease or illness, by reason of his or her occupation, that results in his or her death, a retirement allowance must be paid in the same manner as provided for a duty disabled retirant under section 26. The retirement allowance payable under this section to a duly designated survivor beneficiary of a member who first becomes a member on or after June 10, 2012 must be offset by the actuarially determined value of the employer-funded portion plus the associated investment growth of the employer-funded portion of the member's defined contribution account balance.
(5) A member, former member, or beneficiary of a deceased member, which member first becomes a member on or after June 10, 2012 and who is eligible for a retirement allowance under this section, is eligible for health insurance coverage under section 42 in all respects and under the same terms as would be a member who first becomes a member before June 10, 2012.
History: 1986, Act 182, Eff. Oct. 1, 1986 ;-- Am. 2000, Act 374, Imd. Eff. Jan. 2, 2001 ;-- Am. 2018, Act 674, Imd. Eff. Dec. 28, 2018
Structure Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674)
Section 38.1601 - Short Title.
Section 38.1602 - Meanings of Words and Phrases.
Section 38.1603 - Definitions; B to L.
Section 38.1604 - Definitions; M to S.
Section 38.1605 - Michigan State Police Retirement System; Creation.
Section 38.1612 - State Police Retirement Board; Chairperson; Executive Secretary.
Section 38.1613 - Summary of Fiscal Transactions.
Section 38.1613a - Correction of Error; Benefit Payment Adjustment.
Section 38.1615a - Mandatory Contributions Into the Reserve for Employee Contributions.
Section 38.1620 - Administrative Expenses; Appropriation.
Section 38.1624a - Deferred Retirement Option Plan.
Section 38.1631 - Remarriage of Surviving Spouse.
Section 38.1632 - Purchase of Service Credit for Active Duty With Armed Forces.
Section 38.1635 - Partial Purchase of Service Credit.
Section 38.1636 - Reinstatement of Disability Retirant.
Section 38.1637 - Supplement to Retirement Allowance Under Former MCL 28.107(5).
Section 38.1638 - Supplement to Retirement Allowance Under Former MCL 28.108c.
Section 38.1639 - Supplement to Retirement Allowance on or After October 1, 1986.
Section 38.1640b - Recalculation of Retirement Allowance.
Section 38.1640c - Supplemental Benefit; Conditions.
Section 38.1641 - Retirement Allowance Increases for Command Officers; Effect on Salary Adjustments.
Section 38.1642b - Qualified Participant; Tier 1 and Tier 2 Vesting Schedule.
Section 38.1644 - Transfer of Records, Personnel, Property, or Funds to Retirement System.
Section 38.1646 - Savings Clause.
Section 38.1647 - Repeal of MCL 28.101 to 28.110.
Section 38.1648 - Effective Date; Exceptions.
Section 38.1660 - Implementation of Tier 2 Plan.
Section 38.1661 - Meanings of Words and Phrases.
Section 38.1662 - Definitions; a to C.
Section 38.1663 - Definitions; E to F.
Section 38.1664 - Definitions; P to R.
Section 38.1667 - Investment Options Under Tier 2 Plan; Limitations Do Not Apply.
Section 38.1668 - Payment of Administrative Expenses of Tier 2 Plan.
Section 38.1670 - Tier 2 Vesting and Contribution Requirements.
Section 38.1672 - Nomination of Refund Beneficiary; Requirements.
Section 38.1674 - Right of Setoff; Overpayments; Embezzlement or Fraud; Correction of Errors.