Michigan Compiled Laws
Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)
Section 38.2738 - Remaining Trust Assets; Dissolution; Distribution; Remaining Health Reimbursement Account Assets.

Sec. 8.
(1) Any assets remaining in the funding account after all payments for eligible retirement health care benefits have been paid and all other liabilities of the trust have been satisfied shall be distributed to this state or other employers within the applicable retirement system so long as the employers are organizations the income of which is excluded under section 115(1) of the internal revenue code, 26 USC 115.
(2) Upon dissolution of the irrevocable trust, any assets remaining after the payment of debts and the satisfaction of liabilities are to be distributed to 1 or more states, political subdivisions of states, the District of Columbia, or other organizations the income of which is excluded under section 115(1) of the internal revenue code, 26 USC 115.
(3) Except as otherwise provided in section 4(2), any assets remaining in a health reimbursement account after all reimbursements for medical expenses for the past member and any health reimbursement account dependents of the past member have been paid shall be distributed to the funding account within the irrevocable trust.
History: 2010, Act 77, Imd. Eff. May 19, 2010 ;-- Am. 2011, Act 265, Imd. Eff. Dec. 15, 2011

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 38 - Civil Service and Retirement

Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)

Section 38.2731 - Short Title; Meanings of Words and Phrases.

Section 38.2732 - Definitions; D to H.

Section 38.2732a - Definitions; M to P.

Section 38.2732b - Definitions; R to V.

Section 38.2733 - Irrevocable Trust; Authorization; Creation; Establishment; Governing Board of Each Retirement System as Grantor; Members of Retirement System Board as Trustees; Deposits; Distributions; Funding Account; Preparation of Annual Financi...

Section 38.2734 - Assets as Irrevocable.

Section 38.2735 - Assets; Use; Limitation.

Section 38.2736 - Assets Not Subject to Certain Processes of Law.

Section 38.2737 - Assets; Diversion for Other Purposes Prohibited.

Section 38.2738 - Remaining Trust Assets; Dissolution; Distribution; Remaining Health Reimbursement Account Assets.

Section 38.2739 - Written Trust Agreement; Contents.

Section 38.2740 - Retirement Health Care Benefits; Prefunding; Credit to Funding Account; Contribution or Credit to Health Reimbursement Account.

Section 38.2740a - Health Reimbursement Account; Vesting; Rights.

Section 38.2741 - Written Plan Document; Terms and Conditions of Payments of Retirement Health Care Benefits and Reimbursements of Medical Expenses.

Section 38.2742 - Severability.

Section 38.2743 - Trusts; Validity.

Section 38.2744 - Taxation of Assets and Income; Exemption.

Section 38.2745 - Trustee; Exception From Certain Responsibilities; Indemnification.

Section 38.2747 - Correction of Error by Trustees.