Sec. 33.
(a) The retirement board may, and upon the application of anyone retired pursuant to section 21, 24, or 67a shall, require anyone retired under section 21, 24, or 67a who has not attained age 60 years to undergo a medical examination. The retirement board shall not require a person retired under section 21, 24, or 67a to undergo more than 1 medical examination in any calendar year. The examination is to be made by or under the direction of the medical advisor at the retirant's place of residence or other place mutually agreed upon. Should anyone retired under section 21, 24, or 67a who has not attained age 60 years refuse to submit to the medical examination, his or her disability retirement allowance or supplemental benefit provided for in section 67a may be discontinued until his or her withdrawal of the refusal. If the refusal continues for 1 year, all rights in and to his or her disability retirement allowance or supplemental benefit provided for in section 67a may be revoked by the retirement board. If upon the medical examination of a person retired under section 21, 24, or 67a, the medical advisor reports and his or her report is concurred in by the retirement board, that the person retired under section 21, 24, or 67a is physically capable of resuming employment, he or she shall be restored to active service with the state and his or her disability retirement allowance or supplemental benefit provided for in section 67a shall cease.
(b) If the secretary reports and certifies to the retirement board that a person retired under section 21, 24, or 67a is engaged in a gainful occupation paying more than the difference between his or her disability retirement allowance and his or her final compensation, and if the retirement board concurs in the report, then his or her retirement allowance shall be reduced to an amount which together with the amount earned by him or her shall equal his or her final compensation. Should the earnings of the person retired under section 21, 24, or 67a be later changed, the amount of his or her retirement allowance shall be further modified in like manner.
History: 1943, Act 240, Eff. July 30, 1943 ;-- CL 1948, 38.33 ;-- Am. 1955, Act 237, Imd. Eff. June 21, 1955 ;-- Am. 2002, Act 93, Imd. Eff. Mar. 27, 2002 ;-- Am. 2004, Act 109, Imd. Eff. May 20, 2004
Structure Michigan Compiled Laws
Chapter 38 - Civil Service and Retirement
Act 240 of 1943 - State Employees' Retirement Act (38.1 - 38.69)
Section 38.1 - Short Title; Meanings of Words and Phrases.
Section 38.1a - Definitions; A, B.
Section 38.1b - Definitions; B, C.
Section 38.1c - Definitions; D.
Section 38.1e - Definitions; F to I.
Section 38.1f - Definitions; M to O.
Section 38.1g - Definitions; P.
Section 38.1h - Definitions; R.
Section 38.1i - Definitions; S, T.
Section 38.3 - Retirement Board; Appointment and Terms of Members.
Section 38.4 - Retirement Board; Vacancies, Vacation of Office.
Section 38.6 - Retirement Board; Officers and Employees.
Section 38.9 - State Treasurer as Custodian of Retirement System Funds; Powers and Duties.
Section 38.10 - Retirement Board Members and Employees; Interest in Investments Prohibited.
Section 38.13 - Membership in Retirement System.
Section 38.14 - Information Required of Members by Retirement Board.
Section 38.15 - Original Members; Prior Service Certification.
Section 38.16 - Cessation of Membership; Reemployment.
Section 38.17 - Service Credited From State Board of Control for Vocational Education; Conditions.
Section 38.17b - Credited Service to Include Service Rendered Certain Universities.
Section 38.17e, 38.17f - Repealed. 1998, Act 205, Eff. Aug. 1, 1998.
Section 38.17g - Parental Leave; Purchase of Service Credit.
Section 38.17k - Repealed. 1998, Act 205, Eff. Aug. 1, 1998.
Section 38.17m - Purchase of Service Credit; Limitation; Refund.
Section 38.17n - City Employee; Transfer or Purchase of Service Credit.
Section 38.19h - Payments Not Tax Exempt and Subject to Certain Operations of Law.
Section 38.20a - Minimum Retirement Allowance.
Section 38.20b - Increase in Monthly Retirement Allowance; Payment.
Section 38.20c - Supplement to Retirement Allowance.
Section 38.20e - Supplemental Retirement Allowance; Amount; Payment.
Section 38.20f - Supplement to Retirement Allowance Payable on or After September 30, 1976.
Section 38.21 - Duty Disability Retirement.
Section 38.23 - Retirement for Disability Before Attaining Age 60; Benefits.
Section 38.24 - Non-Duty Disability Retirement.
Section 38.25 - Retirement for Disability.
Section 38.26 - Repealed. 1955, Act 237, Eff. Oct. 24, 1955.
Section 38.27a - Retirement Allowances Granted Under MCL 38.27; Adjustment.
Section 38.29 - Death Before Retirement; Refund of Contributions.
Section 38.30 - Withholding Refund of Contributions.
Section 38.32 - Remarriage of Surviving Spouse.
Section 38.34 - Disability Retirant; Reinstatement to Service, Service Credits Allowable.
Section 38.35a - Election Under MCL 38.50a; Contribution.
Section 38.36, 38.37 - Repealed. 1974, Act 216, Imd. Eff. July 19, 1974.
Section 38.39 - Repealed. 1982, Act 316, Imd. Eff. Oct. 18, 1982.
Section 38.41 - Correction of Errors in Payment of Retirement Allowances.
Section 38.42 - Retirement System Records; Falsification, Penalty.
Section 38.43 - Repealed. 1997, Act 148, Eff. Jan. 30, 1998.
Section 38.44 - Rights, Privileges, and Benefits of Vested Employee.
Section 38.44a - Member Employed by State Judicial Council.
Section 38.48 - Conservation Officers.
Section 38.51 - Transfer of Lump Sum Amount.
Section 38.52 - Calculation of Accrued Cost Savings for Each Fiscal Year.
Section 38.53 - Meanings of Words and Phrases; Definitions; a to C.
Section 38.54 - Definitions; E to H.
Section 38.55 - Definitions; P to Y.
Section 38.56 - State Treasurer; Powers and Duties.
Section 38.59 - Payment of Administrative Expenses.
Section 38.60 - Other Public Sector Retirement Benefits Plan; Participation.
Section 38.61 - Election by Elected or Appointed Official.
Section 38.62 - Transfer of Amount; Crediting and Charging Participant Account.
Section 38.63 - Contributions by Employer and Participant.
Section 38.63a - Tier 2 and Tax-Deferred Accounts; Terms and Conditions.
Section 38.64 - Tier 2; Vesting Requirements.
Section 38.65 - Crediting Years of Service Accrued.
Section 38.66 - Refund Beneficiary.
Section 38.67 - Distributions of Accumulated Balance.
Section 38.68 - Health Insurance Coverage.
Section 38.68a - Appropriation Amount; Purpose; Work Project; Estimated Completion Date.
Section 38.68d - Administration of Changes; Appropriation.