Sec. 711.
(1) A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer. This subsection does not apply to a qualified participant who makes the election under section 701b(1)(b) for that portion of his or her compensation that is not considered salary for the purposes of Tier 2. Except as otherwise provided in this act, this section does not do any of the following:
(a) Prohibit a qualified participant from participating in a retirement plan established under the internal revenue code by this state or other public sector employer.
(b) Impair any vested right to a retirement benefit, based upon service as a judge, accrued under such a plan as of the day before he or she becomes a qualified participant in Tier 2.
(c) Impair a qualified participant's right to receive health care benefits or other insurance benefits from a reporting unit.
(2) A qualified participant consents as a condition of participation in Tier 2 that he or she shall not receive a retirement allowance or other benefit from any other public sector retirement benefits plan while holding the position that qualifies him or her for participation in Tier 2 and the other plan. A qualified participant who receives a retirement allowance in violation of this subsection forfeits his or her right to employer contributions under section 714. The employer of a qualified participant who violates this subsection shall immediately suspend employer contributions under section 714. A qualified participant who is a contributing member in a local public sector retirement benefits plan on the day before he or she becomes a qualified participant in Tier 2 and who does not have a vested right to a retirement benefit under that plan on that date may withdraw the contributions made by that participant to the local plan without violating this subsection. This subsection does not apply to a former qualified participant.
(3) Within 30 days after the request of a qualified participant, a reporting unit shall disclose to the qualified participant the effect this section or an election under section 701 or 701a, if made, will have on the member's right to health care benefits as a retirant or a vested right to a retirement benefit for service as a judge provided by that plan.
History: Add. 1996, Act 523, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 215, Eff. May 30, 2000
Structure Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670)
Article VII - (38.2651...38.2670)
Section 38.2651b - Election Pursuant to MCL 38.2651 or MCL 38.2651a.
Section 38.2653 - Calculation and Submission of Cost Savings.
Section 38.2654 - Meanings of Words and Phrases; “Accumulated Balance” Defined.
Section 38.2655 - “Employer,”“former Qualified Participant,” and “Health Benefit Dependent” Defined.
Section 38.2657 - Administration of Tier 2 by State Treasurer.
Section 38.2660 - Administrative Expenses.
Section 38.2661 - Participation in Other Retirement Benefits Plan; Prohibition.
Section 38.2663 - Election to Terminate Membership in Tier 1; Credit or Charge to Tier 2 Account.
Section 38.2664 - Contributions by Employer and Participant.
Section 38.2665 - Vesting Requirements.
Section 38.2666 - Participation in Tier 2; Crediting Years of Service Accrued Under Tier 1.
Section 38.2667 - Refund Beneficiary.
Section 38.2668 - Methods of Distribution.