capitol dome
Michigan Legislative Website


Michigan Compiled Laws Complete Through PA 29 of 2013
House: Adjourned until Tuesday, May 28, 2013 10:00:00 AM
Senate: Adjourned until Tuesday, May 28, 2013 10:00:00 AM

Michigan Legislative Website

Main Content

MCL Index

Show update info: 
NOTE: Dates reflect any modification to item, not necessarily a change in law.

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 reference to accounting records of retirement system.
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; application; funding additional costs; employees of state accident fund, Michigan biologic products institute, or liquor control commission.
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 payable by principal departments; member considered retirant; deposit by principal department; use of deposits; exception; monthly payment by Michigan employment security commission; service credit for participation in pay reduction plan C; death of retirant or applicant for retirement.
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; "incentivized retirement application period" defined.
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; eligibility of state accident fund or Michigan biologic products institute employees to health care benefits and certain rights, privileges, and benefits.
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 beneficiary; calculation and payment of distribution amount; effect of death; increase in retirement allowance; computation of cumulative increase amount; supplemental payment.
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 38.50a(2); calculation of retirement allowance; items of compensation; accumulation of service credit; treatment of member as Tier 1; "attainment date" defined.
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 member before effective date of retirement.
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; difference between actual state contributions and product of contribution rates times aggregate compensations paid; submitting difference between estimated and actual aggregate compensation and estimated and actual contribution rate to legislature for appropriation; interest; deposit to health advance funding subaccount.
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 subject to eligible domestic relations order act; effect of disqualification notice from United States internal revenue service; exception.
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 under subsection (8); implementation of subsections (5) to (11); method; report.
Section 38.68c ‑ Employment of retiree receiving retirement allowance; cessation of retirement payment; applicability; "employed by this state" defined; coordination of benefits provision; exceptions to subsection (1).
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.