Michigan Compiled Laws
Act 240 of 1943 - State Employees' Retirement Act (38.1 - 38.69)
Section 38.4 - Retirement Board; Vacancies, Vacation of Office.

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 38.1d - Definitions.

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 38.2 - State Employees' Retirement System; Creation; Administration by Retirement Board; Rules.

Section 38.3 - Retirement Board; Appointment and Terms of Members.

Section 38.4 - Retirement Board; Vacancies, Vacation of Office.

Section 38.5 - Retirement Board; Oath; Quorum; Conducting Business at Public Meeting; Notice of Meeting; Compensation and Expenses.

Section 38.6 - Retirement Board; Officers and Employees.

Section 38.7 - Retirement System; Actuarial Valuation of Assets and Liabilities; Investigation of Mortality, Service, and Compensation of Members.

Section 38.8 - Administrative Board; Investment of Funds, Purchase of Life Insurance or Annuity, Deposits.

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 38.11 - Employees' Savings Fund, Employer's Accumulation Fund, Annuity Reserve Fund, Pension Reserve Fund, Income Fund, Expense Fund, and Health Insurance Reserve Fund; Creation; Health Advance Funding Subaccount; Description of Funds as Refe...

Section 38.12 - Annual Statement of Retirement Funds in Custody of State Treasurer; Availability of Report and Other Writings to Public; Request for Statement of Credit.

Section 38.13 - Membership in Retirement System.

Section 38.13a - Blind or Partially Sighted Licensed Vending Stand Operators Deemed Employees; Rights and Benefits; Eligibility; Contribution as Condition to Service Credit; Blindness Not Deemed Retirable Disability; Employer Cost.

Section 38.13b - Credited Service to Include Credit for Service Rendered to Joint Federal-State Commission; Conditions.

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 38.17a - Use of Credited Service Acquired in Employ of Governmental Unit; “Governmental Unit of the State” Defined.

Section 38.17b - Credited Service to Include Service Rendered Certain Universities.

Section 38.17c - Retirement System Service Credit for Period of Service Under County Department of Social Services; Conditions.

Section 38.17d - Credited Service to Include Service Rendered to Department of State Police or Its Predecessor Agencies, or to Court of Record; Conditions.

Section 38.17e, 38.17f - Repealed. 1998, Act 205, Eff. Aug. 1, 1998.

Section 38.17g - Parental Leave; Purchase of Service Credit.

Section 38.17h - Full-Time Service as Employee With City, County, Township, or Village of This State; Purchase of Service Credit.

Section 38.17i - Full-Time Service With Federal Government or as State Employee With Another State; Purchase of Service Credit.

Section 38.17j - Purchase of Combined Total of More Than 10 Years Prohibited; Purchase of Service Credit in Separate Increments; Future Purchases Not Barred; Refund; Actuarial Cost.

Section 38.17k - Repealed. 1998, Act 205, Eff. Aug. 1, 1998.

Section 38.17l - Purchase of Additional Service Credit by Employee of State Accident Fund, Michigan Biologic Products Institute, or Liquor Control Commission.

Section 38.17m - Purchase of Service Credit; Limitation; Refund.

Section 38.17n - City Employee; Transfer or Purchase of Service Credit.

Section 38.18 - Credit for Military or Federal Service; Credit for Prior Service; Conditions; Computation.

Section 38.19 - Retirement Upon Written Application to Retirement Board; Retirement Without Reduction in Retirement Allowance; Definitions; Layoff Status Because Agency or Inpatient Facility Designated for Closure; Conditions; Certification; Applicat...

Section 38.19a - Retirement Upon Satisfaction of Certain Requirements; Monthly Retirement Allowance Supplement; Benefits, Salary, or Remuneration Precluding Payment Under Subsection (2); Payment of Sick Leave; Payment by Retirement System; Amount Pay...

Section 38.19b - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments.

Section 38.19c - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments.

Section 38.19d - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Accumulated Sick Leave in 60 Monthly Installments.

Section 38.19e - Right to Retire and Receive Retirement Allowance Computed Under MCL 38.20(1); Application Period; Requirements; Payment for Amounts Entitled to Receive at Retirement.

Section 38.19f - Retirement and Receipt of Retirement Allowance; Requirements; Accumulated Sick Leave; Request to Extend Effective Date of Retirement; Calculation; State Contract Prohibited.

Section 38.19g - Member Meeting Certain Requirements on or Before November 1, 2002; Computation of Retirement Allowance; Payment of Accumulated Sick Leave or Annual Leave; Extension of Effective Date; Participant in Tier 2.

Section 38.19h - Payments Not Tax Exempt and Subject to Certain Operations of Law.

Section 38.19i - Retirement Allowance; Computation; Accumulated Sick Leave; Purchase of Service Credit; Hiring Under Contract; Limitation.

Section 38.19j - Retirement; Requirements; Accumulated Annual Leave, Sick Leave, and Deferred Leave Hours; Forfeiture; Inclusion in Calculation for Determination of Final Average Compensation; Extension; Request; Retirement Allowance Calculation; "In...

Section 38.20 - Computation of Retirement Allowance; Right to Elect Option; Retirement Before Age 65; Death of Retirant; Separation From Service; Department of Mental Health Employee Termination; Recalculation and Payment of Retirement Allowance; Eli...

Section 38.20a - Minimum Retirement Allowance.

Section 38.20b - Increase in Monthly Retirement Allowance; Payment.

Section 38.20c - Supplement to Retirement Allowance.

Section 38.20d - Hospitalization, Medical, Dental, and Vision Coverage Insurance Premium; Computation and Allocation of Cost Savings; Payment by Retirement Board; “Retirant” Defined.

Section 38.20e - Supplemental Retirement Allowance; Amount; Payment.

Section 38.20f - Supplement to Retirement Allowance Payable on or After September 30, 1976.

Section 38.20g - Determining Rate of Investment Return on Retirement System Assets and Present Value of Retirement Allowances; Calculation and Reduction of Distribution Income; Crediting Distribution Units to Retirant or Retirement Allowance Benefici...

Section 38.20h - Supplemental Payments for Retirants or Retirement Allowance Beneficiaries With Retirement Allowance Effective Date Before October 1, 1986; Future Adjustments.

Section 38.20i - Supplement.

Section 38.20j - Member Not Making Election Under MCL 38.50a; Calculation of Retirement Allowance Beginning April 1, 2012; Items of Compensation; Accumulation of Service Credit; Member Making Election Under MCL 38.50a(1) and Designation Under MCL 38....

Section 38.21 - Duty Disability Retirement.

Section 38.22 - Retirement for Disability at Age 60; Service Retirement Allowance; Crediting 10 Years of Service.

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 38.27 - Death Resulting From Personal Injury or Disease Arising Out of and in Course of State Employment; Survivor Benefits.

Section 38.27a - Retirement Allowances Granted Under MCL 38.27; Adjustment.

Section 38.28 - Withdrawal of Member Before Retirement; Refund of Contributions; Restoration on Re-Employment; Court Administrator.

Section 38.29 - Death Before Retirement; Refund of Contributions.

Section 38.30 - Withholding Refund of Contributions.

Section 38.31 - Election of Regular Retirement Allowance or Reduced Retirement Allowance; Payment Options; Designation of Beneficiary; Effect of Beneficiary's Death or Divorce; Request by Nonduty Disability Retirant to Change Elections; Death of Memb...

Section 38.32 - Remarriage of Surviving Spouse.

Section 38.33 - Disability Retirant Under Age 60; Medical Examination Required; Reduction of Retirement Allowance on Account of Gainful Employment.

Section 38.34 - Disability Retirant; Reinstatement to Service, Service Credits Allowable.

Section 38.35 - Contribution of 3% of Employee Compensation to Funding Account; "Funding Account" Defined; Refund of Amounts Contributed Under Subsection (1).

Section 38.35a - Election Under MCL 38.50a; Contribution.

Section 38.36, 38.37 - Repealed. 1974, Act 216, Imd. Eff. July 19, 1974.

Section 38.38 - Annual Level Percent of Payroll Contribution Rate; Determination; Basis; Report; Computation; Amortization of Unfunded Actuarial Accrued Liability; Annual Appropriation to Retirement System; Transfer of Funds; Certification; Differenc...

Section 38.39 - Repealed. 1982, Act 316, Imd. Eff. Oct. 18, 1982.

Section 38.39a - Reserves for Retirement Allowances; Legislative Determination of Funds From Which Appropriations Made.

Section 38.40 - Allowances, Benefits, and Other Rights; Exemption From Taxation; Subject to Tax Beginning January 1, 2012; Subject to Public Employee Retirement Benefit Protection Act.

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 38.45 - Definitions.

Section 38.46 - Retirement or Separation From Employment of Supplemental Member With Supplemental Early Retirement Allowance; Conditions; Determination of Eligibility.

Section 38.47 - Temporary Straight Life Supplemental Early Retirement Allowance; Payment; Computation; Electing Optional Form of Payment.

Section 38.47a - Report.

Section 38.48 - Conservation Officers.

Section 38.49 - Administration of Retirement System as Qualified Pension Plan Under Internal Revenue Code; Requirements and Benefit Limitations; Qualified Military Service.

Section 38.50 - Election to Terminate Participation in Tier 1 and to Participate in Tier 2; Irrevocability; Termination of Employment; Reemployment of Deferred or Former Nonvested Member; Method of Election; Signature of Spouse; Waiver; Election Subj...

Section 38.50a - Election to Continue Receiving Credit for Future Service and Compensation; Designation; Failure to Make Election; Rescission; Reemployment of Former Nonvested Member; "Attainment Date" Defined.

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 38.57 - Hearing.

Section 38.58 - Investment of Employer and Employee Contributions and Earnings; Direction by Participant.

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 38.67a - Duty Disability Retirement Allowance; Supplemental Benefit; Health Insurance Coverage; Exception.

Section 38.68 - Health Insurance Coverage.

Section 38.68a - Appropriation Amount; Purpose; Work Project; Estimated Completion Date.

Section 38.68b - Participant Employed on or After January 1, 2012 or Making Election Under Subsection (5) or (6); Health Insurance Coverage; Contribution to Tax-Deferred Account; Opt-Out; Calculation of Amount Under Subsection (7) and Adjustment Unde...

Section 38.68c - Employment of Retiree Receiving Retirement Allowance; Stopping Retirement Payment; Applicability; "Employed by This State" Defined; Coordination of Benefits Provision; Exceptions to Subsection (1); Definitions.

Section 38.68d - Administration of Changes; Appropriation.

Section 38.68e - Appropriation.

Section 38.69 - Exemptions From Taxation; Subject to Public Employee Retirement Benefit Protection Law; Right of Setoff to Recover Overpayments; Satisfaction of Claims Arising From Embezzlement or Fraud; Correction of Errors in Records and Actions.