MCL - Index of Chapter 38
NOTE: Dates reflect any modification to item, not necessarily a change in law.
| Title | Subject |
|---|---|
| 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 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 38.17<Emph EmphType="italic">l</Emph> | 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; 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. |
| Act 4 of 1937 (Ex. Sess.) | TEACHERS' TENURE (38.71 - 38.191) |
| 4-1937-Ex-Sess-I | ARTICLE I DEFINITIONS. (38.71...38.75) |
| Section 38.71 | “Teacher” defined. |
| Section 38.72 | “Certificated” defined. |
| Section 38.73 | “Controlling board” defined. |
| Section 38.74 | "Demote" defined. |
| Section 38.75 | School year; definition. |
| 4-1937-Ex-Sess-II | ARTICLE II PROBATIONARY PERIOD. (38.81...38.84) |
| Section 38.81 | Teachers' probationary period; continuing tenure. |
| Section 38.82 | Probationary period. |
| Section 38.82a | Probationary teacher rated as effective; displacement. |
| Section 38.83 | Controlling board; statements of performance and notices of dismissal; issuance to probationary teachers. |
| Section 38.83a | Teacher in probationary period; individualized development plan; performance evaluation; basis. |
| Section 38.83b | Successful completion of probationary period; conditions. |
| Section 38.84 | Probationary period; portions of act inapplicable. |
| 4-1937-Ex-Sess-III | ARTICLE III CONTINUING TENURE. (38.91...38.93) |
| Section 38.91 | Teacher on continuing tenure; program operated by consortium of districts; teacher employed in public school academy; adult education; contracts of employment in other than classroom; salary; extra duty for extra pay. |
| Section 38.92 | Teacher on continuing tenure; employment by another controlling board. |
| Section 38.93 | Teacher on continuing tenure; year-end performance evaluation; individualized development plan. |
| 4-1937-Ex-Sess-IV | ARTICLE IV DISCHARGE, DEMOTION OR RETIREMENT. (38.101...38.105) |
| Section 38.101 | Teacher on continuing tenure; discharge, demotion, or retirement; continuation of contracts of teachers over retirement age. |
| Section 38.101a | Teacher rights subject to MCL 380.1230d and 380.1535a. |
| Section 38.102 | Charges against teacher; filing with controlling board; decision to proceed upon charges; written statement of charges and teacher's rights. |
| Section 38.103 | Suspension of teacher pending certain conditions; compensation. |
| Section 38.104 | Decision to proceed upon charges; appeal with tenure commission; filing; notice; conduct of hearing; dismissal of appeal or denial of discharge or demotion; appeal to court of appeals. |
| Section 38.104a | Definitions; hearing where witness testifies as alleged victim of sexual, physical, or psychological abuse; use of dolls or mannequins; support person; notice; ruling on objection; exclusion of persons not necessary to proceeding; section additional to other protections or procedures. |
| Section 38.105 | Repealed. 2011, Act 101, Imd. Eff. July 19, 2011. |
| 4-1937-Ex-Sess-V | ARTICLE V RESIGNATION AND LEAVE OF ABSENCE. (38.111...38.112) |
| Section 38.111 | Resignation or leave of absence; notice required. |
| Section 38.112 | Leave of absence; physical or mental disability; reinstatement. |
| 4-1937-Ex-Sess-VI | ARTICLE VI RIGHT TO APPEAL. (38.121...38.121) |
| Section 38.121 | Appeal to state tenure commission; notice; hearing. |
| 4-1937-Ex-Sess-VII | ARTICLE VII STATE TENURE COMMISSION. (38.131...38.141) |
| Section 38.131 | State tenure commission; creation, membership; superintendent as ex-officio secretary; legal advisor. |
| Section 38.132 | Tenure commission; members, appointment, terms, vacancies. |
| Section 38.133 | Tenure commission; geographical qualifications of members. |
| Section 38.134 | Tenure commission; qualifications of teacher member. |
| Section 38.135 | Tenure commission; membership of teacher not to affect tenure. |
| Section 38.136 | Tenure commission; times and places of meetings; conducting business at public meeting; notice of meeting. |
| Section 38.137 | Tenure commission; powers. |
| Section 38.138 | Tenure commission; compensation and expenses. |
| Section 38.139 | Tenure commission; board of review for cases appealed from decision of controlling board; location of records; availability of certain writings to public. |
| Section 38.140 | Tenure commission; organizational meeting, election of officers, rules and regulations. |
| Section 38.141 | Repealed. 1965, Act 8, Imd. Eff. Apr. 8, 1965. |
| 4-1937-Ex-Sess-VIII | ARTICLE VIII DISTRICTS. (38.151...38.152) |
| Section 38.151 | Application of act. |
| Section 38.152 | Repealed. 1964, Act 2, Eff. Aug. 28, 1964. |
| 4-1937-Ex-Sess-IX | ARTICLE IX PENALTY. (38.161...38.161) |
| Section 38.161 | Violation of act; penalty. |
| 4-1937-Ex-Sess-X | ARTICLE X INCONSISTENT ACTS. (38.172...38.172) |
| Section 38.172 | Teachers; waiver of rights in contracts prohibited. |
| 4-1937-Ex-Sess-XII | ARTICLE XII (38.191...38.191) |
| Section 38.191 | Effective date. |
| Act 136 of 1945 | Repealed-PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT (38.201 - 38.366) |
| Act 78 of 1958 | WAYNE STATE UNIVERSITY EMPLOYEE RETIREMENT SYSTEM (38.371 - 38.376) |
| Section 38.371 | Wayne state university employee retirement system; definitions. |
| Section 38.372 | Retirement allowance; payment prior to July 1, 1958. |
| Section 38.373 | Retirement allowance; payment after July 1, 1958. |
| Section 38.374 | Separation of employees from Detroit school district employees retirement system; actuarial determination of credits and debits of board of governors and retirement commission. |
| Section 38.375 | Separation of employees from Detroit school retirement system; payments required; transfer of securities. |
| Section 38.376 | Separation of employees from Detroit school retirement system; payment of $1,000,000 by board of education to board of governors. |
| Act 156 of 1967 | OPTIONAL RETIREMENT ACT OF 1967 (38.381 - 38.388) |
| Section 38.381 | Optional retirement act of 1967; short title. |
| Section 38.382 | Definitions. |
| Section 38.383 | Optional retirement program; establishment; participation of eligible employees, terms and conditions. |
| Section 38.383a | Availability of program to state supported institution of higher education's employees. |
| Section 38.384 | Board of control; purchase of contracts providing for optional program benefits for employees. |
| Section 38.385 | Optional retirement program; election; time; reelection to retirement system. |
| Section 38.386 | Optional retirement program; participant deemed limited member of retirement system; refund of contributions upon termination of service or death; computation of benefits; reelection to retirement system as bar to service credit. |
| Section 38.387 | Optional retirement program; amounts to be disbursed and credited to employee's benefit. |
| Section 38.388 | Federal social security old-age, survivors' and disability insurance coverage. |
| Act 370 of 1941 | COUNTY EMPLOYEES' CIVIL SERVICE SYSTEM (38.401 - 38.428) |
| Section 38.401 | County civil service system; purpose of act. |
| Section 38.402 | County civil service system; adoption by referendum. |
| Section 38.403 | Referendum; time, notice, statement of question. |
| Section 38.404 | Referendum; ballot, statement of question. |
| Section 38.405 | Act to become effective upon adoption of system. |
| Section 38.406 | County civil service commission; creation. |
| Section 38.407 | Civil service commission; membership, terms, vacancies, eligibility, quorum, removal. |
| Section 38.408 | Compensation and expenses of commissioners. |
| Section 38.409 | Civil service commission; personnel director, assistants and employees; selection, compensation; contracts for services to municipalities; conditions of employment; discrimination prohibited. |
| Section 38.410 | Division of county civil service into unclassified and classified services. |
| Section 38.411 | Civil service commission; meetings; rules of procedure; record of proceedings; conducting business at public meeting; notice of meeting; availability of certain writings to public. |
| Section 38.412 | Civil service commission; powers and duties. |
| Section 38.412a | Providing or possessing copy of classified service examination or answers prohibited; violation; penalties; complaint; issuance of arrest warrant. |
| Section 38.413 | Classified civil service; appointments, probationary period, temporary appointments; war veterans. |
| Section 38.413a | Classified civil service; provisional status made regular, exceptions. |
| Section 38.414 | Classified civil service; qualifying and competitive examinations required; exceptions. |
| Section 38.415 | Classified civil service; vacancies, promotion, basis. |
| Section 38.416 | Classified civil service; removal, suspension or reduction, procedure; appeal, hearing; findings of civil service commission. |
| Section 38.417 | Civil service commission; annual report to board of supervisors. |
| Section 38.418 | Payrolls; approval by civil service commission. |
| Section 38.419 | Civil service employees; soliciting for political purposes prohibited. |
| Section 38.420 | Civil service commission; powers of investigation. |
| Section 38.421 | Civil service commission; authority to require medical examinations. |
| Section 38.422 | Civil service commission; power to subpoena witnesses and evidence; noncompliance, penalty; enforcement. |
| Section 38.423 | Violations; penalties. |
| Section 38.424 | Classified civil service; discrimination prohibited. |
| Section 38.425 | Civil service commission; offices. |
| Section 38.426 | Board of supervisors; appropriations. |
| Section 38.427 | Scope of act. |
| Section 38.428 | Civil service commission; determination of employee status on consolidation of governmental units with county department; subsequent change. |
| Act 246 of 1965 | TOWNSHIP CIVIL SERVICE SYSTEM (38.451 - 38.470) |
| Section 38.451 | Township civil service system; adoption by referendum. |
| Section 38.451a | Violation of MCL 168.1 to 168.992 applicable to petitions; penalties. |
| Section 38.452 | Township civil service commission; creation. |
| Section 38.453 | Township civil service commission; membership, terms, vacancies, eligibility, quorum, removal. |
| Section 38.454 | Civil service commission; members, compensation and expenses. |
| Section 38.455 | Civil service commission; personnel director, assistants and employees; selection, compensation; contracts for services; conditions of employment; discrimination prohibited. |
| Section 38.456 | Civil service classification. |
| Section 38.457 | Civil service commission; regular meetings; rules of procedure; record of proceedings; conducting business at public meeting; notice of meeting; availability of certain writings to public. |
| Section 38.458 | Civil service commission; powers and duties. |
| Section 38.459 | Classified civil service; appointments, probationary period, temporary appointments. |
| Section 38.460 | Classified civil service; qualifying and competitive examinations required; exceptions. |
| Section 38.461 | Classified civil service; vacancies, promotion, basis. |
| Section 38.462 | Classified civil service; removal, suspension or reduction in rank; procedure; appeal, hearing; findings of civil service commission. |
| Section 38.463 | Civil service commission; annual report to township board. |
| Section 38.464 | Payrolls; approval by civil service commission. |
| Section 38.465 | Civil service employees; soliciting for political purposes prohibited. |
| Section 38.466 | Civil service commission; subpoena; noncompliance, penalty; enforcement. |
| Section 38.467 | Violations; penalties. |
| Section 38.468 | Classified civil service; discrimination prohibited. |
| Section 38.469 | Civil service commission; offices. |
| Section 38.470 | Township board; appropriations. |
| Act 78 of 1935 | FIREMEN AND POLICEMEN CIVIL SERVICE SYSTEM (38.501 - 38.518) |
| Section 38.501 | Fire and police department civil service commissions; creation. |
| Section 38.502 | Civil service commission; membership, appointment, terms; election of president. |
| Section 38.503 | Civil service commission; members, qualifications. |
| Section 38.504 | Civil service commission; vacancies, removal, petition, hearing. |
| Section 38.505 | Civil service commission; clerk. |
| Section 38.506 | Fire and police civil service; eligibility for permanent appointment. |
| Section 38.507 | Appointments and promotions; competitive examinations; provisions applicable to appointment, reinstatement, promotion, or discharge; applicability of section. |
| Section 38.508 | Civil service commission; assistance by municipal executive officers; printing, supplies. |
| Section 38.509 | Civil service commission; powers and duties. |
| Section 38.510 | Application for examination; filing; contents; forms; refusal to examine or certify applicant; public hearing for aggrieved applicant; review; testimony; decision; physical examination; certification; age requirement; reinstatement or reappointment; rank. |
| Section 38.510a | Repealed. 1986, Act 155, Imd. Eff. July 3, 1986. |
| Section 38.511 | Rules for examinations; minimum passing grade; notice and distribution of rules; probationary period; final appointment; hearing; procedure for filling position or vacancy; temporary appointments; special examinations; “appointing officer” defined. |
| Section 38.512 | Examinations; nature; contents; notice; commencement of examination for promotion; eligible list; discrimination prohibited; competitive vacancies filled by promotions; probationary period; hearing. |
| Section 38.513 | Reduction in pay, suspension or discharge; discrimination prohibited; hearing by civil service commission. |
| Section 38.514 | Tenure; grounds for removal, discharge, suspension, or deprivation of privileges; cause; written statement of charges; answer; hearing; reinstatement; record of testimony; appeal; counsel; reduction of full-time paid members; new appointments. |
| Section 38.515 | Violation of act; misdemeanor. |
| Section 38.516 | Violation of act; penalty. |
| Section 38.517 | Definitions. |
| Section 38.517a | Approval of act by majority of electors; submission of question by resolution; petition; form of ballot; canvass; certification of results; effect of adoption. |
| Section 38.517b | Violation of MCL 168.1 to 168.992 applicable to petitions; penalties. |
| Section 38.518 | Rescission of act by majority of electors; submission of question; form of ballot; canvass; certification of results; effect of vote in favor of rescission. |
| Act 201 of 1970 |
POLICE CADET TRAINING PROGRAM (38.521 - 38.521) ***** 38.521 SUBSECTION (2) DOES NOT APPLY ON OR AFTER JULY 1, 1987: See (2) of 38.521 ***** |
| Section 38.521 | Police cadet training program; applicability of subsection (2). |
| Act 345 of 1937 | FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT ACT (38.551 - 38.562) |
| Section 38.551 | Fire and police department pension and retirement system; retirement board, members, election, appointment, terms. |
| Section 38.551a | Short title. |
| Section 38.552 | Retirement board; powers and duties. |
| Section 38.552a | Compliance with requirements under protecting local government retirement and benefits act. |
| Section 38.553 | Retirement system funds; treasurer as custodian; bond; disbursement of funds; execution of voucher or warrant; authorization. |
| Section 38.554 | Credit for prior service. |
| Section 38.555 | Retirement board; quasi-judicial body; review of actions by writ of certiorari. |
| Section 38.556 | Age and service retirement benefits. |
| Section 38.556a | Municipality having population of 80,000 or more; applicability of MCL 38.556(1)(h) to certain members. |
| Section 38.556b | Remarriage of surviving spouse; applicability of subsection (1) to municipality. |
| Section 38.556c | Service credit for employment in transitional public employment program; payment of contributions and regular interest; payroll deduction; amount in reserve; payment of contributions by current employer; accident, disability, or other benefits. |
| Section 38.556d | Postretirement adjustments increasing retirement benefits. |
| Section 38.556e | Mandatory subjects of bargaining. |
| Section 38.557 | “An act of duty,”“municipality” and “transitional public employment program” defined. |
| Section 38.558 | Refunds of salary contributions. |
| Section 38.559 | Contributions of member; rate; deduction from salary; appropriations to maintain actuarially determined reserves; payment of deductions and appropriations into retirement system; prorating pensions and other benefits; expenses; pensions as obligations of retirement system. |
| Section 38.560 | Investments; transfer and disposition of certain assets. |
| Section 38.561 | Referendum; township or charter township. |
| Section 38.561a | Violation of MCL 168.1 to 168.992 applicable to petitions; penalties. |
| Section 38.562 | Membership of retirement system. |
| Act 28 of 1966 | FIREMEN AND POLICEMEN PENSIONS (38.571 - 38.572) |
| Section 38.571 | Reserve fund; use of interest for medical, hospital, or nursing care for system member; "reserve fund" defined. |
| Section 38.572 | Computation of liability for regular interest; inclusions; exclusions. |
| Act 276 of 1976 | MILITARY SERVICE CREDITS IN POLICE AND FIREMEN RETIREMENT SYSTEMS (38.581 - 38.582) |
| Section 38.581 | Police or fireman's retirement system; military service credit. |
| Section 38.582 | Military service credit; computation of payment to retirement system. |
| Act 135 of 1945 | Repealed-MUNICIPAL EMPLOYEES' RETIREMENT ACT (38.601 - 38.669) |
| Act 137 of 1967 | COMBINED RETIREMENT SYSTEMS (38.691 - 38.691) |
| Section 38.691 | Agreement to establish, combine, and finance retirement systems. |
| Act 339 of 1927 | CITY LIBRARY EMPLOYEES' RETIREMENT SYSTEM (38.701 - 38.706) |
| Section 38.701 | City library employees' retirement system; establishment. |
| Section 38.702 | Library board; submission of retirement plan to local legislative body; retirement plan subject to protecting local government retirement and benefits act. |
| Section 38.703 | Approval of plan by legislative body; commencement. |
| Section 38.704 | Annual assessment for retirement allowance. |
| Section 38.705 | Reserve fund and annuities; tax exemption; subject to taxation beginning January 1, 2012. |
| Section 38.706 | Municipal employees' retirement system; coverage of employees of public libraries. |
| Act 185 of 1899 | Repealed-WOMEN PHYSICIANS IN STATE INSTITUTIONS (38.752 - 38.752) |
| Act 286 of 1907 | Repealed-SALARIES IN STATE INSTITUTIONS (38.761 - 38.764) |
| Act 358 of 1913 | Repealed-VACATIONS FOR STATE EMPLOYEES (38.791 - 38.792) |
| Act 198 of 1951 | Repealed-JUDGES' RETIREMENT ACT (38.801 - 38.831) |
| Act 443 of 1980 | CALCULATION OF RETIREMENT BENEFITS BY LOCAL UNITS OF GOVERNMENT (38.841 - 38.846) |
| Section 38.841 | Definitions. |
| Section 38.842 | Computing retirement benefits for judge employed by local unit of government. |
| Section 38.843 | Conditional effective date; adoption of resolutions by city of Detroit and county of Wayne assuming responsibility for expenses; effect of action. |
| Section 38.844 | Conditional effective date. |
| Section 38.845 | Effective date. |
| Section 38.846 | Sum of salary or compensation figure used for determining retirement benefit and final salary of probate court judge not to exceed total annual judicial salary at retirement. |
| Act 205 of 1951 | SOCIAL SECURITY FOR PUBLIC EMPLOYEES (38.851 - 38.871) |
| Section 38.851 | Federal social security old-age and survivors insurance coverage; extension to public employees; maintenance of benefits. |
| Section 38.852 | Extension of social security to public employees; definitions. |
| Section 38.853 | Agreement to extend benefits of federal old-age and survivors insurance system; contents; approval; separate retirement systems. |
| Section 38.854 | Extension of social security; joint action with other states. |
| Section 38.855 | Employee contributions required. |
| Section 38.856 | Employee contributions; payroll deduction. |
| Section 38.857 | Employee contributions; adjustments, refunds. |
| Section 38.858 | Political subdivision; submission of plan for extension of social security benefits; requirements, approval. |
| Section 38.859 | Political subdivision; plan to provide for appropriations to contribution fund. |
| Section 38.860 | Nonapproval of plan; notice, hearing; review by supreme court. |
| Section 38.861 | Political subdivision; payments into contribution fund. |
| Section 38.862 | Delinquent payments; recovery with interest from political subdivision. |
| Section 38.863 | Contribution fund; establishment; deposits. |
| Section 38.864 | Contribution fund; administrative account, establishment, deposits. |
| Section 38.865 | Contribution fund; segregation; withdrawals. |
| Section 38.866 | Contribution fund; payments to secretary of treasury. |
| Section 38.867 | Contribution fund; administration. |
| Section 38.868 | Annual appropriation to contribution fund for payments to secretary of treasury. |
| Section 38.869 | Appropriation of all contributions to contribution fund. |
| Section 38.870 | Rules and regulations. |
| Section 38.871 | State employees' retirement system; referendum on coverage; petition; conduct; notice; supplemental statement; governor's certificate. |
| Act 165 of 1954 | Repealed-PROBATE JUDGES RETIREMENT ACT (38.901 - 38.933) |
| Act 261 of 1957 | MICHIGAN LEGISLATIVE RETIREMENT SYSTEM ACT (38.1001 - 38.1080) |
| Section 38.1001 | Retirement system; creation. |
| Section 38.1002 | Michigan legislative retirement system; name. |
| Section 38.1003 | Construction of terms. |
| Section 38.1004 | “Retirement system” defined. |
| Section 38.1005 | Board; definition. |
| Section 38.1006 | “Member” defined. |
| Section 38.1007 | Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. |
| Section 38.1007a | “Direct rollover” and “distributee” defined. |
| Section 38.1008 | Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. |
| Section 38.1008a | Definitions. |
| Section 38.1009 | “Salary” defined. |
| Section 38.1010 | Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. |
| Section 38.1011 | “Service” defined; election to receive military service credit; effect of membership in retirement system. |
| Section 38.1012 | “Retirement allowance” defined. |
| Section 38.1013 | “Retirant” defined. |
| Section 38.1013a | “Survivor,”“eligible child,” and “surviving spouse” defined. |
| Section 38.1014 | “Refund beneficiary” defined. |
| Section 38.1015 | Actuarial tables; definition. |
| Section 38.1016 | Prescribed rate of interest; definition. |
| Section 38.1017 | “Fiscal year” defined. |
| Section 38.1017a | “Deferred vested member” defined. |
| Section 38.1017b | “Leadership position” defined. |
| Section 38.1017c | “Legislator” defined. |
| Section 38.1017d | “Tier 1” and “Tier 2” defined. |
| Section 38.1018 | Legislator or lieutenant governor; membership in retirement system; notice of election not to participate; refund of contributions; effect of notice; rescission of notice; contributions and interest; eligibility on or after March 31, 1997. |
| Section 38.1019 | Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. |
| Section 38.1020 | Members' retirement fund; creation; purpose; computing retirement reserves for retirement allowances; financing; state's appropriations for current service, accrued service, and retirement allowances; allocation of employer contributions. |
| Section 38.1021 | Members' savings fund; creation; purpose; contributions; rate; additional contributions; payroll deductions; transfer of contributions upon retirement or death. |
| Section 38.1021a | Member contributions picked up by state. |
| Section 38.1022 | Survivors' retirement fund; creation; purpose; contributions; rate; payroll deductions; computing retirement reserves for retirement allowances; financing; state's appropriations for survivors' retirement allowances. |
| Section 38.1022a | Income fund; creation; purpose; interest, dividends, and other income; expenses. |
| Section 38.1022b | Prorating and allocating annual appropriations to retirement system. |
| Section 38.1022c | Health insurance fund; creation; disposition; disbursement; contributions; payroll deductions; nonrefundable. |
| Section 38.1023 | Requirements for entitlement to retirement allowance; right to allowance; amount; recalculation of retirement allowance; election to defer receipt of retirement allowance; computation of retirement allowance; longevity allowance. |
| Section 38.1023a | Repealed. 1974, Act 215, Eff. Dec. 31, 1974. |
| Section 38.1023b | Retirant or deferred vested member again becoming legislator or lieutenant governor; election to again become member; notice; conditions; nonpayment of retirement allowance; declining to again become member; exception. |
| Section 38.1023c | Increase of retirement allowance. |
| Section 38.1023d | Disabled member; retirement allowance; annual examination. |
| Section 38.1023e | Supplemental payments for retirants or retirement allowance beneficiaries with retirement allowance effective date before January 1, 1979; future adjustments. |
| Section 38.1024 | Survivor's retirement allowance; eligibility; duration, commencement, and rate; status of adopted child; payments to eligible child; effect of marriage or attainment of ineligible age; payment of survivor's retirement allowance as provided in written designation; division of survivor's retirement allowance among eligible survivors; receipt of entire survivor's retirement allowance by surviving spouse when eligible children become ineligible. |
| Section 38.1024a | Remarriage of surviving spouse. |
| Section 38.1025 | Retirement system as trust; board as fiduciary; nonapplicability to Tier 2 retirement plan. |
| Section 38.1026 | Retirement system; board of trustees; membership; eligibility and terms; oath of office. |
| Section 38.1027 | First board of trustees; organizational meeting, election of officers. |
| Section 38.1028 | Vacancy in trusteeship. |
| Section 38.1029 | Trustees; compensation and expenses. |
| Section 38.1030 | Board of trustees; quorum, proxy. |
| Section 38.1031 | Board of trustees; powers and duties. |
| Section 38.1032 | Board of trustees; regular and special meetings; conducting business at public meeting; notice of meeting. |
| Section 38.1033 | Board of trustees; authority as to retirement allowances, suspensions and refunds. |
| Section 38.1034 | Board of trustees; certification of prescribed interest rate; adoption of actuarial tables. |
| Section 38.1035 | Board of trustees; estimate of appropriation. |
| Section 38.1036 | Repealed. 1987, Act 58, Imd. Eff. June 23, 1987. |
| Section 38.1036a | Reinstatement of suspended contributions. |
| Section 38.1037 | Repealed. 1981, Act 123, Imd. Eff. July 23, 1981. |
| Section 38.1038 | Board of trustees; offices; books and records; availability of certain writings to public. |
| Section 38.1039 | Board of trustees; appointment of secretary and administrative personnel. |
| Section 38.1040 | Board of trustees; record of proceedings; individual accounts; actuarial data. |
| Section 38.1041 | Board of trustees; audit of accounts; annual statement. |
| Section 38.1042 | Acceptance of gift, grant, or bequest by board. |
| Section 38.1043 | Individual statement. |
| Section 38.1044 | Rules and bylaws. |
| Section 38.1045 | Secretary of board; powers and duties. |
| Section 38.1046 | Actuary; technical advisor of board, powers and duties. |
| Section 38.1047 | State treasurer as ex officio treasurer of retirement system; duties. |
| Section 38.1048 | Warrants. |
| Section 38.1049 | Payroll voucher. |
| Section 38.1050 | Investment and reinvestment of cash assets; nonapplicability to Tier 2. |
| Section 38.1050a | Grants and insurance revolving fund; creation; purpose; expenditures; payments to fund by payroll deductions; purchase and payment of premiums on life insurance policies. |
| Section 38.1050b | Hospitalization, medical, dental, and vision coverage; purchase; payment of premiums; manner. |
| Section 38.1051 | Investment of retirement system funds; ownership by system; registration; recording; nonapplicability to Tier 2. |
| Section 38.1052 | Board of trustees and employees; interest in investments prohibited; violation of section, penalty. |
| Section 38.1053 | Vested interest in refunds; payment of member contributions; discharge of claims. |
| Section 38.1054 | Payments as obligations of state; disposition of revenues. |
| Section 38.1055 | Refund of contributions with interest; request; forfeiture; service credit upon resumption of membership; designation of beneficiary; payment of contributions with interest. |
| Section 38.1056 | Undivided interest in assets of system. |
| Section 38.1057 | Retirement allowances, benefits, and credits not subject to taxation; subject to taxation beginning January 1, 2012; subject to public employee retirement benefit protection act. |
| Section 38.1058 | Retirement system records; falsification, penalty. |
| Section 38.1058a | Correction of error; adjustment of payment. |
| Section 38.1059 | Payment of benefits; commencement. |
| Section 38.1059a | Retirement system as qualified pension plan; administrative requirements and benefit limitations; qualified military service. |
| Section 38.1060 | Short title. |
| Section 38.1061 | Election to terminate membership in Tier 1 and become qualified participant in Tier 2; election by deferred vested member or former nonvested member; election as irrevocable; rights and duties; method of election; signature of spouse; waiver; election subject to eligible domestic relations order; notice of disqualification for tax purposes. |
| Section 38.1062 | Election to terminate membership in retirement system under MCL 38.1061(1) and (2); transfer of lump sum amount; recomputation; calculation; basis; utilization of actuarial valuation report; notification of disqualification for tax purposes. |
| Section 38.1063 | Calculation of accrued cost savings; submission of total amount in executive budget to legislature; appropriation. |
| Section 38.1064 | Meanings of words and phrases; “accumulated balance” defined. |
| Section 38.1065 | “Employer,”“former qualified participant,” and “health benefit dependent” defined. |
| Section 38.1066 | “Qualified participant,”“refund beneficiary,” and “state treasurer” defined. |
| Section 38.1067 | Administration and investment of Tier 2 by state treasurer; state treasurer as fiduciary and trustee; appointment of advisory board; determination of provisions and procedures; authority and responsibility of state treasurer to employ or contract with employees or for services. |
| Section 38.1068 | Hearing. |
| Section 38.1069 | Accumulated employer and employee contributions and earnings; direction of investment; limitations inapplicable to Tier 2. |
| Section 38.1070 | Tier 2; payment of administrative expenses. |
| Section 38.1071 | Participation in other public sector retirement benefits plan. |
| Section 38.1072 | Individual becoming legislator or lieutenant governor on or after March 31, 1997; notice of election. |
| Section 38.1073 | Election to terminate membership in Tier 1; crediting Tier 2 account; charging Tier 2 account for excess transfers. |
| Section 38.1074 | Section subject to vesting requirements; Tier 2 contributions by employer and qualified participant; limitations. |
| Section 38.1075 | Tier 2; vesting requirements and schedule; health care coverage; vesting requirements. |
| Section 38.1076 | Crediting years of accrued service. |
| Section 38.1077 | Refund beneficiary; nomination. |
| Section 38.1078 | Distribution of accumulated balance. |
| Section 38.1079 | Health insurance coverage; election; eligibility. |
| Section 38.1080 | Distributions; exemption from tax; subject to public employee retirement benefit protection act; right of setoff to recover overpayment and satisfy claims; correction of errors in records and actions. |
| Act 88 of 1961 | RECIPROCAL RETIREMENT ACT (38.1101 - 38.1106) |
| Section 38.1101 | Reciprocal retirement act; short title. |
| Section 38.1102 | Reciprocal retirement act; definitions. |
| Section 38.1102a | Compliance with applicable requirements of protecting local government retirement and benefits act. |
| Section 38.1103 | Reciprocal retirement act; adoption by municipal or state unit; certification, force and effect. |
| Section 38.1104 | Reciprocal retirement system; eligibility for retirement allowance; conditions; commencement of retirement allowance. |
| Section 38.1105 | Credited service generally. |
| Section 38.1106 | Transfer of credited service; agreement between preceding reciprocal unit and succeeding reciprocal unit; resolution; financial consideration; actuarial present value of retirement allowance; written policy. |
| Act 314 of 1965 | PUBLIC EMPLOYEE RETIREMENT SYSTEM INVESTMENT ACT (38.1121 - 38.1141) |
| Section 38.1121-38.1131 | Repealed. 1982, Act 55, Imd. Eff. Apr. 6, 1982. |
| Section 38.1132 | Short title; meanings of words and phrases. |
| Section 38.1132a | Definitions; A. |
| Section 38.1132b | Definitions; D to G. |
| Section 38.1132c | Definitions; I to L. |
| Section 38.1132d | Definitions; N to P. |
| Section 38.1132e | Definitions; S. |
| Section 38.1132f | Definitions; V. |
| Section 38.1133 | Investment authority; investment fiduciary; investing, reinvesting, holding in nominee form, and managing assets of system; powers and duties; compliance with divestment from terror act; costs; "consumer price index" defined; disclosure of fees or other compensation by investment service provider; "investment service provider" defined; prohibited acts; exceptions; requirements; debt instrument issued by foreign country; out-of-state travel; investment in hazardous waste deep disposal well facility; testimony by representative of office of retirement services in department of technology, management, and budget; executive summary of summary annual report; posting on website; submission to legislature; "state unit" defined. |
| Section 38.1133a | “MacBride principles” defined; duties of investment fiduciary; effect of unlawful principle. |
| Section 38.1133b | Repealed. 1993, Act 214, Imd. Eff. Oct. 27, 1993. |
| Section 38.1133c | Definitions; effort by fiduciary to identify scrutinized companies; assembly into scrutinized companies list; update and availability of list; procedures; report; effectiveness of section; exemption of fiduciary from conflicting statutory or common law obligations; liability; affirmative exclusion from federal sanctions; severability. |
| Section 38.1133d | Definitions; scrutinized companies; identification by fiduciaries; assembling scrutinized companies list; update by fiduciary; procedure; report; effectiveness of section; conditions; liability of fiduciary; scrutinized company affirmatively excluded from federal sanctions; effect; severability. |
| Section 38.1133e | Prohibited conduct by investment fiduciary, service provider, or covered associate of service provider; exceptions; definitions; official of governmental entity. |
| Section 38.1133f | Breach of public trust by investment fiduciary or service provider; "service provider" defined. |
| Section 38.1133g | Investment committee; establishment by large sponsored system; duties; recommendation; definitions. |
| Section 38.1134 | Investment in stock or global security. |
| Section 38.1135 | Investment in investment companies. |
| Section 38.1136 | Investment in annuity investment contracts or participations in separate accounts of life insurance company; investment in general account of life insurer; requirements. |
| Section 38.1137 | Other authorized investments; prohibited investments. |
| Section 38.1138 | Investment in real estate or mortgages on certain leased real property. |
| Section 38.1139 | Investment in real estate investment trust or real or personal property. |
| Section 38.1139a | State treasurer as investment fiduciary; investments in private equity; limitation; investment fiduciary not state treasurer; limitation. |
| Section 38.1139b | Deduction from employee compensation by public employer; automatic enrollment of employee; notice; investment alternatives; liability; definitions. |
| Section 38.1140 | Investment in secured loans; real property not considered encumbered; investment in part of obligation or participation interest in loan or group of loans; investment in real estate loan; investment in loan or loans or certificate of participation secured by loan or loans made on single family residential property; investment in certificates representing interest in mortgages or group of mortgages; limitations and restrictions; investment in second mortgage; investment with variable interest rate. |
| Section 38.1140a | Investment in debt, warrant, or equity interest in small business, small business investment company, or venture capital firm; creation of small business investment companies or venture capital firms to invest in small businesses; limitation. |
| Section 38.1140b | Deposits by investment fiduciary. |
| Section 38.1140c | Financial institution, trust company, or management company retained as investment fiduciary; investment of system assets in collective investment fund, common trust fund, or pooled fund established and maintained by financial institution or management company; “financial institution” defined. |
| Section 38.1140d | Investments not qualified under act. |
| Section 38.1140e | Loan of securities by investment fiduciary. |
| Section 38.1140f | Transferring and holding securities. |
| Section 38.1140g | Investment in securities exempt from taxes. |
| Section 38.1140h | Applicable law; retention of financial records; "financial records" defined; disclosure of certain information; actuarial valuation; supplemental actuarial analysis; "proposed pension benefit change" defined; availability and publication of summary annual report. |
| Section 38.1140i | Repealed. 2000, Act 307, Imd. Eff. Oct. 16, 2000. |
| Section 38.1140j | Investment in derivatives. |
| Section 38.1140k | Investment in global securities; prohibited conduct. |
| Section 38.1140<Emph EmphType="italic">l</Emph> | Financial or proprietary information. |
| Section 38.1140m | Employer contribution. |
| Act 520 of 1980 | Repealed-COUNCIL ON PUBLIC EMPLOYEE RETIREMENT SYSTEMS (38.1141 - 38.1148) |
| Section 38.1141 | Removal of member of board or body. |
| Act 306 of 1976 | DEFERRED COMPENSATION PLAN (38.1151 - 38.1151) |
| Section 38.1151 | Deferred compensation plan; administration and investment. |
| Act 325 of 1978 | QUALITY RECOGNITION SYSTEM (38.1161 - 38.1169) |
| Section 38.1161 | Definitions. |
| Section 38.1162 | Recognition board; establishment; appointment and terms of members; vacancy; election of chairperson; duties of board. |
| Section 38.1163 | Recognition administrator; appointment; responsibilities; report. |
| Section 38.1164 | Committee; establishment by head of each department; appointment of members; review; report. |
| Section 38.1165 | Recognition; types; distribution. |
| Section 38.1166 | Rules. |
| Section 38.1167 | Staff to assist board and recognition administrator. |
| Section 38.1168 | Cost of administering act and recognition. |
| Section 38.1169 | Retired state employee as recipient of recognition; effect. |
| E.R.O. No. 1996-5 | EXECUTIVE REORGANIZATION ORDER (38.1171 - 38.1171) |
| Section 38.1171 | Transfer of responsibility for deferred compensation plans to state treasurer; transfer of suggestion awards program and other employee benefit programs from department of civil service to the department of management and budget. |
| E.R.O. No. 2002-9 | EXECUTIVE REORGANIZATION ORDER (38.1172 - 38.1172) |
| Section 38.1172 | Transfer of powers and duties of office of state employer and department of management and budget related to administration of state employees benefit programs and quality recognition system to department of civil service by type II transfer. |
| E.R.O. No. 2002-12 | EXECUTIVE REORGANIZATION ORDER (38.1173 - 38.1173) |
| Section 38.1173 | Transfer of powers and duties of department of management and budget, office of state employer, department of treasury, and department of information technology related to direction and management of HRMN system to department of civil service by type II transfer. |
| E.R.O. No. 2015-4 | EXECUTIVE REORGANIZATION ORDER (38.1174 - 38.1174) |
| Section 38.1174 | Creation of state of Michigan retirement board within department of technology, management, and budget; transfer of powers and duties concerning retirement allowances, pensions, or other retirement benefits under Michigan military act to board; transfer of powers and duties of state employees' retirement system board and judges retirement board to board; abolishment of state employees' retirement system board and judges retirement board. |
| E.R.O. No. 2016-5 | EXECUTIVE REORGANIZATION ORDER (38.1175 - 38.1175) |
| Section 38.1175 | Transfer of powers and duties of office of state employer related to administration of state employee service program from office of state employer to Michigan civil service commission by type II transfer. |
| E.R.O. No. 2018-5 | EXECUTIVE REORGANIZATION ORDER (38.1176 - 38.1176) |
| Section 38.1176 | Creation of state of Michigan investment board within department of treasury; transfer of powers and duties of state treasurer created under public employee retirement system investment act or authorizing statutes to the board; transfer of powers and duties of investment advisory committee created under MCL 16.191 to the board; abolishment of investment advisory committee. |
| Act 452 of 1978 | COMPENSATION FOR INJURED EMPLOYEES OF DEPARTMENT OF STATE (38.1181 - 38.1182) |
| Section 38.1181 | Assault on department of state employee rendering direct services to public; compensation. |
| Section 38.1182 | Definition of employee rendering direct services to public. |
| Act 429 of 1978 | SALARIES AND BENEFITS OF NONCLASSIFIED STATE EMPLOYEES (38.1201 - 38.1209) |
| Section 38.1201 | Applicability of act. |
| Section 38.1202 | Salary considered annual salary; salary payments. |
| Section 38.1203 | Sick, annual, bonus, and personal leave time. |
| Section 38.1204 | Terminal leave benefits; approved leave of absence. |
| Section 38.1205 | Annual longevity payments. |
| Section 38.1206 | Voluntary payroll deductions; group benefits. |
| Section 38.1207 | Terminal payment for accrued leave balances. |
| Section 38.1208 | Procedures for administering act. |
| Section 38.1209 | Effective date. |
| Act 149 of 1999 | PUBLIC EMPLOYEE HEALTH CARE FUND INVESTMENT ACT (38.1211 - 38.1216) |
| Section 38.1211 | Short title. |
| Section 38.1212 | Definitions. |
| Section 38.1213 | Establishment of public employee health care fund; resolution. |
| Section 38.1214 | Investment fiduciary; duties. |
| Section 38.1214a | Trustee of bankruptcy trust; service; removal; vacancy on board; meetings; business conducted at public meeting; publication of summary annual report on public website; "appointing authority" defined. |
| Section 38.1214b | Compensation. |
| Section 38.1215 | Investment of trust assets; resolution. |
| Section 38.1216 | Actuarial review; report. |
| Act 300 of 1980 | THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979 (38.1301 - 38.1467) |
| 300-1980-1 | ARTICLE 1 (38.1301...38.1309) |
| Section 38.1301 | Short title. |
| Section 38.1302 | Meanings of words and phrases. |
| Section 38.1303 | Definitions; A. |
| Section 38.1303a | “Compensation” explained. |
| Section 38.1304 | Definitions; C to M. |
| Section 38.1305 | Definitions; M, N. |
| Section 38.1306 | Definitions; O, P. |
| Section 38.1307 | Definitions; R. |
| Section 38.1308 | Definitions; S, T. |
| Section 38.1309 | Calculating member's final average compensation; effective date of section. |
| 300-1980-2 | ARTICLE 2 (38.1321...38.1336) |
| Section 38.1321 | Public school employees' retirement system; creation. |
| Section 38.1322 | Public school employees' retirement board; creation; appointment, qualifications, and terms of members; vacancy. |
| Section 38.1323 | Retirement board; oath; conducting business at public meeting; notice of meeting; quorum; failure to attend scheduled meetings; availability of writings to public. |
| Section 38.1324 | Retirement board; compensation and expenses. |
| Section 38.1325 | Retirement board; rights, authority, and discretion; rules; limitation; study period; information to be provided to certain universities. |
| Section 38.1326 | State treasurer as treasurer of retirement system; investment authority; fiduciary responsibility; disposition of funds. |
| Section 38.1327 | Warrants. |
| Section 38.1328 | Summary of fiscal transactions; contents; description of retirement benefits; information to be posted on internet website and sent via electronic mail; database. |
| Section 38.1329 | Reserve for employee contributions; individual subaccounts; refund, payment, or transfer of accumulated contributions. |
| Section 38.1330 | Reserve for employer contributions. |
| Section 38.1331 | Reserve for administrative expenses. |
| Section 38.1332 | General fund. |
| Section 38.1333 | Reserve for member investment plan; remittance of member contributions; individual subaccounts; refund, payment, or transfer of accumulated contributions. |
| Section 38.1334 | Reserve for health benefits; payments; health advance; funding subaccount; transfer to reserve for employer contributions; conditions. |
| Section 38.1335 | Reserve for retired benefit payments. |
| Section 38.1336 | Reserve for undistributed investment income; pension stabilization subaccount. |
| 300-1980-3 | ARTICLE 3 (38.1341...38.1359) |
| Section 38.1341 | Determining annual level percentage of payroll contribution rates; factors; unfunded actuarial accrued liability contribution rate; computation and certification of sum due and payable; payment; certification of actual aggregate compensation; adjustment; evidence of correctness; audit; duties of reporting unit; submission of difference occurring in certain fiscal years; interest rate; reassignment of assets; rate of investment return; basis of asset valuation; use of salary increase assumption; deposit to health advance funding subaccount; allocations from employer contributions; experience investigation study; risk assumptions; report; pension and retiree health care payroll growth assumption rate; "university reporting unit" defined. |
| Section 38.1341a | Separate contribution rate; unfunded accrued liability; "university reporting unit" defined. |
| Section 38.1341b | Employees as members on or after July 1, 2010 and before February 1, 2018; determination of separate contribution rate for members on or after February 1, 2018; contributions; individuals performing services for entity not participating in retirement system; conditions. |
| Section 38.1342 | Reporting unit contribution; exclusive obligation; contributions picked up by employer; deduction of Social Security contributions; agreement of member; forwarding retirement contributions; report; failure to submit report or contributions; late fee; intentional error or omission; withholding payment of state funds for noncompliance; exception for community or junior college student employee; "intentional" defined. |
| Section 38.1342a | Community or junior college reporting units; report; office of retirement services; report requirements. |
| Section 38.1343 | Percentage paid for participants in optional retirement program. |
| Section 38.1343a | Contributions of member to member investment plan; deduction and remittance as employer contributions; benefits; amount of contribution; amounts; percentage; member on or before February 1, 2018. |
| Section 38.1343b | Eligibility requirements; exceptions. |
| Section 38.1343c | Entitlements. |
| Section 38.1343d | Repealed. 2012, Act 300, Imd. Eff. Sept. 4, 2012. |
| Section 38.1343e | Member before September 4, 2012; contribution of percentage to funding account under public employee retirement health care funding act; "funding account" defined. |
| Section 38.1343g | Contribution beginning on transition date; amount; method of deducting contributions; picking up member contributions for compensation on or after transition date; benefit. |
| Section 38.1343h | Service credit; enrollment for certain employees of community or junior college reporting unit; requirements; forfeit of claim; assessment and payment of supplemental employer contributions. |
| Section 38.1343i | Determination and assessment of supplemental employer contributions by community or junior college reporting units; payment. |
| Section 38.1344 | Separation from service; death; unclaimed retirement allowance or other money. |
| Section 38.1345 | Change or error in records; correction; adjustment in benefits. |
| Section 38.1346 | Benefits; exemption from taxation; subject to taxation beginning January 1, 2012; offset of retirement benefits or refunds; forfeiture of service credit. |
| Section 38.1347 | Employee of Michigan high school athletic association; entitlement to benefits preserved; limited membership; continued service; eligibility for retirement benefits; election; termination of employment; computation of retirement allowance. |
| Section 38.1359 | Calculation of retirement allowance; election and attainment date designation; credit for future service accrued and compensation earned; alternative election; method of accepting elections, designations, and alternative elections; member not making or rescinding election or who makes alternative election; reemployed member; definitions. |
| 300-1980-4 | ARTICLE 4 (38.1360...38.1379b) |
| Section 38.1360 | Purchase of service credit; 2 years service credit required. |
| Section 38.1361 | Employment of retirant in reporting unit. |
| Section 38.1361a | Report to legislature on number of active employed retirees. |
| Section 38.1362 | Purchasing service credit; proof of service; contribution and interest. |
| Section 38.1363 | Noncontributory plan; applicability; duty of reporting unit. |
| Section 38.1364 | Purchase of service credit. |
| Section 38.1365 | Written application for payment of accumulated contributions; forfeiture of prior service. |
| Section 38.1366 | Cessation of membership; forfeiture of service; return to service; reinstatement of previously forfeited service. |
| Section 38.1367 | Credit for service in another retirement system; withdrawal of accumulated contributions; forfeiture of service or monthly allowance. |
| Section 38.1368 | Service credit; computing terms of service. |
| Section 38.1369 | Out of system public education service; condition for granting membership or prior service credit; requirements; eligibility for retirement allowance; computation of payment; limitation; refund; noncreditable service; member ineligible to initiate service credit purchase. |
| Section 38.1369a, 38.1369b | Repealed. 1989, Act 194, Eff. Jan. 31, 1991. |
| Section 38.1369c | Employee in nonpublic elementary or secondary educational institution or nonpublic institution of higher education, employee in foreign country at school for United States personnel or dependents, full-time teacher with job corps, teacher in trust territory, or teacher on Indian reservation; purchase of service credit; request; documentation; payment of amount of actuarial cost; condition to service being credited; satisfaction of minimum service credit for retirement allowance; refund; effect of pension or annuity; member ineligible to initiate service credit purchase; definitions. |
| Section 38.1369d, 38.1369e | Repealed. 1989, Act 194, Eff. Jan. 31, 1991. |
| Section 38.1369f | Election to purchase not more than 5 years of service credit less years of service credit purchased under other provisions; request; payment of actuarial cost; prohibited uses of service credit; refund; member ineligible to initiate service credit purchase. |
| Section 38.1369g | Former employees of reporting unit as public school employees; conditions; remittances required for granting of service credit; definitions. |
| Section 38.1370 | State of Michigan service; condition for granting membership or prior service credit; requirements; petition for transfer of service credit, accumulated contributions, and interest; refund; member ineligible to initiate service credit purchase. |
| Section 38.1371 | Sabbatical leave; employee organization professional services leave or released time; member ineligible to initiate service credit purchase. |
| Section 38.1372 | Repealed. 1989, Act 194, Imd. Eff. Aug. 25, 1989. |
| Section 38.1373 | Resumption of employment following honorable discharge or release from active duty with armed forces; service credit; limitation; accumulation of contributions to reserve for employee contributions at regular interest. |
| Section 38.1374 | Service credit for member not meeting requirements of MCL 38.1373; election; computation of payment; restriction; condition. |
| Section 38.1374a, 38.1374b | Repealed. 1989, Act 194, Eff. Jan. 31, 1991. |
| Section 38.1375 | Separation from service or reduction of hours for purposes of parental leave; purchase of service credit; refund; application; member ineligible to initiate service credit purchase; "parental leave" defined. |
| Section 38.1376 | Partial purchase of service credit. |
| Section 38.1377, 38.1378 | Repealed. 1989, Act 194, Eff. Jan. 31, 1991. |
| Section 38.1379 | Actuarial cost; recomputation. |
| Section 38.1379a | Recomputation of payment for purchase of service; refund. |
| Section 38.1379b | "Initiate a service credit purchase" defined. |
| 300-1980-5 | ARTICLE 5 (38.1381...38.1393) |
| Section 38.1381 | Retirement allowance under MCL 38.1384; application; eligibility requirements. |
| Section 38.1381a | Retirement allowance computed according to MCL 38.1384(1); reduction inapplicable; definitions. |
| Section 38.1381b | Retirement; eligibility requirements; computation; extension; "incentivized retirement application period" defined; amortization of additional costs. |
| Section 38.1381c | Member 60 years of age or older with 10 or more years of service; increase in regular retirement age; adjustment by retirement board; "regular retirement age" defined. |
| Section 38.1381d | Employment retirement system; election to participate in Tier 2; method of accepting elections; election period; member not making election considered as member of Tier 1; collection of employer and employee contributions; qualified participant considered as participant in Tier 2; definitions. |
| Section 38.1382 | Deferred vested service retirement allowance; entitlement; computation; application; forfeiture; payment of option to beneficiary. |
| Section 38.1383 | Date of retirement allowance; payment on cessation of eligibility for continuation of benefits. |
| Section 38.1384 | Retirement allowance; benefits; applicability of reduction; recalculation of retirement allowance; adjusted retirement allowance; election to return retirement allowance payments. |
| Section 38.1384b | Retirement allowance for member making alternative election under section 59(2)(a) or (b); calculation; items of credited service under section 59(1); accumulation of years of service credit for purpose of vesting; calculation of retirement allowance under section 59(1) but not making attainment date designation; "attainment date" defined. |
| Section 38.1385 | Payment options; election; change of option or beneficiary; payment to beneficiary; reversion of benefit to straight retirement allowance; term of payment; beneficiary predeceasing retirant who returns to service; effect of election of retirant's divorce from spouse designated as beneficiary; payment of difference between accumulated contributions and aggregate amount of retirement allowance payments; change of beneficiary; optional form of benefit payment; limitation; termination. |
| Section 38.1386 | Disability allowance; requirements; extension of application time limit; computation; effective date. |
| Section 38.1387 | Duty disability retirement allowance; requirements; computation; effective date; service credit; adjustment. |
| Section 38.1388 | Duty or nonduty disability retirant; medical examination; affidavit; deception; discontinuance or revocation of nonduty disability retirement allowance; return to membership; restoration of credited service; restoration of duty disability retirant to active service; cessation of allowance or rights to allowance; lump sum payment; payment on retirant's sixtieth birthday; reduction of retirement allowance; computation of allowable earnings; applicability of subsection (4). |
| Section 38.1389 | Surviving spouse; computation, payment, and termination of retirement allowance; remarriage of surviving spouse; allowance for surviving child less than 18; election of retirement allowance beneficiary; grounds for voiding election; death of member; presumption of dependency; termination of allowance; payment to refund beneficiary; member contributing to member investment plan. |
| Section 38.1390 | Surviving spouse of deceased member receiving worker's disability compensation; computation, payment, and termination retirement allowance; remarriage of surviving spouse; allowance for surviving children less than 18; computation, payment, and termination of allowance for surviving child less than 18 or for surviving dependent parent; computation and effective date of retirement allowance beneficiary's duty death retirement allowance; use of average annual compensation; election to accept refund; payment to legal representative of deceased member's or retirant's estate. |
| Section 38.1391 | Hospital, medical-surgical, and sick care retirant benefits; dental and vision retirant benefits; retirement system premium; maximum contribution rate; health benefits coverage for dependent of retirant; coordination of benefits; definitions. |
| Section 38.1391a | Retiree health care insurance coverage for employees hired after September 4, 2012; matching contribution in lieu of health insurance coverage benefits; vesting provisions; election to opt out of health insurance coverage premiums; effect of not making election under subsection (5); break in service or reemployment; implementation and applicability of subsections (5) to (10); report; definitions. |
| Section 38.1392 | Long-term care insurance; withholding from retirement allowance. |
| Section 38.1392a | Administration of changes; appropriation; work project; carrying forward unencumbered or unallotted funds. |
| Section 38.1392b | Appropriation; purposes; amount; completion date. |
| Section 38.1392c | Appropriation. |
| Section 38.1393 | Third-party study. |
| 300-1980-6 | ARTICLE 6 (38.1401...38.1412) |
| Section 38.1401 | Supplemental pension. |
| Section 38.1402 | Percentage increase to monthly retirement allowance payable after June 30, 1972; continuation. |
| Section 38.1403 | Percentage increase to monthly retirement allowance payable under former provisions; continuation. |
| Section 38.1404 | Percentage increase to monthly retirement allowance payable under additional former provisions; continuation. |
| Section 38.1404a | 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; increase in retirement allowance; computation of cumulative increase amount; supplemental payment; increase in retirement allowance effective before October 1, 1981; increase in retirement allowance effective on or before January 1, 1987. |
| Section 38.1405 | Violation; penalty. |
| Section 38.1406 | Saving clause. |
| Section 38.1407 | Repeal of MCL 38.201 to 38.366. |
| Section 38.1408 | Administration of retirement system as qualified pension plan created in trust under internal revenue code; requirements and benefit limitations; qualified military service. |
| Section 38.1409-38.1412 | Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997. |
| 300-1980-7 | ARTICLE 7 (38.1420...38.1467) |
| Section 38.1420 | Tier 2 plan; implementation. |
| Section 38.1421 | Words and phrases in sections 122 to 124; date for implementation of Tier 2 plan. |
| Section 38.1422 | "Accumulated balance" and "compensation" defined. |
| Section 38.1423 | "Employer" and "former qualified participant" defined. |
| Section 38.1424 | "Plan document," "qualified participant," "refund beneficiary," and "state treasurer" defined. |
| Section 38.1425 | Tier 2; department as fiduciary and trustee; appointment of advisory board; provisions and procedures; personnel and other services; adoption and compliance. |
| Section 38.1426 | Request for hearing; conduct under administrative procedures act of 1969. |
| Section 38.1427 | Investment; direction by qualified participant, former qualified participant, and refund beneficiary; applicability of limitations; annuity options. |
| Section 38.1428 | Tier 2; administrative expenses. |
| Section 38.1429 | Participation in other public sector retirement benefits plan; "public sector employer" defined. |
| Section 38.1431 | Tier 2 account; contributions; additional contribution; additional matching contributions by employer. |
| Section 38.1431a | Tier 2 accounts; terms and conditions. |
| Section 38.1432 | Vesting. |
| Section 38.1434 | Refund beneficiary. |
| Section 38.1435 | Tier 2; eligibility to receive distribution; effect of death of qualified participant; methods of distribution. |
| Section 38.1437 | Exemption from state, county, municipal, or local tax; right to setoff to recover overpayments. |
| Section 38.1451-38.1467 | Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997. |
| Act 427 of 1984 | MUNICIPAL EMPLOYEES RETIREMENT ACT OF 1984 (38.1501 - 38.1558) |
| Section 38.1501 | Short title. |
| Section 38.1502 | Meanings of words and phrases. |
| Section 38.1502a | Definitions; C to J. |
| Section 38.1502b | Definitions; M. |
| Section 38.1502c | Definitions; P to V. |
| Section 38.1503-38.1510a | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Section 38.1511 | Repealed. 1986, Act 291, Imd. Eff. Dec. 22, 1986. |
| Section 38.1512-38.1535 | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Section 38.1536 | Retirement board; creation; retirement system as public corporation; powers and duties; administrative functions; membership; rules of procedure; record of proceedings; quorum; voting; term of office; oath; expenses; absence of member from work; vacancy; chairperson and chairperson pro-tem; chief executive officer. |
| Section 38.1536a | Repealed. 2004, Act 490, Imd. Eff. Dec. 28, 2004. |
| Section 38.1537, 38.1538 | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Section 38.1539 | Retirement board as trustees of money and other assets; investments; investment counsel; purpose of investments; discretionary authority. |
| Section 38.1540 | Prohibited conduct. |
| Section 38.1541-38.1544a | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Section 38.1545 | Annual meeting; selection of members to retirement board; transaction of business; notice of meeting; certification of delegates; conduct of election; nominating procedures; referendum. |
| Section 38.1545a-38.1554 | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Section 38.1545b | Contested case hearing. |
| Section 38.1555 | Repeal of MCL 38.601 to 38.669. |
| Section 38.1556 | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Section 38.1557 | Repealed. 1992, Act 63, Eff. May 22, 1993. |
| Section 38.1558 | Repealed. 1996, Act 220, Eff. Aug. 15, 1996. |
| Act 182 of 1986 | STATE POLICE RETIREMENT ACT OF 1986 (38.1601 - 38.1674) |
| Section 38.1601 | Short title. |
| Section 38.1602 | Meanings of words and phrases. |
| Section 38.1603 | Definitions; B to L. |
| Section 38.1604 | Definitions; M to S. |
| Section 38.1605 | Michigan state police retirement system; creation. |
| Section 38.1606 | State police retirement board; creation; appointment, qualifications, and terms of members. |
| Section 38.1607 | State police retirement board; oath of member; conducting business at public meeting; notice; quorum; failure of member to attend 3 consecutive meetings; availability of writings to public; rules. |
| Section 38.1608 | State police retirement board; per diem compensation; reimbursement of expenses; maximum number of meetings. |
| Section 38.1609 | State treasurer as treasurer of retirement system; investment authority; fiduciary responsibility; limitations on investment of funds; deposit of funds; disposition of income earned by reserves. |
| Section 38.1610 | Warrants. |
| Section 38.1611 | Engagement of actuary; annual valuation; experience investigation and risk assumptions; report. |
| Section 38.1612 | State police retirement board; chairperson; executive secretary. |
| Section 38.1613 | Summary of fiscal transactions. |
| Section 38.1613a | Correction of error; benefit payment adjustment. |
| Section 38.1614 | Funding objective of retirement system; annual level percentage of payroll contribution rate; submission of differences to legislature for appropriation; allocation and deposit of funds; pension and retiree health care payroll growth assumption rate; normal cost contribution rate. |
| Section 38.1614a | Intent; retirement system as qualified pension plan and trust as exempt organization; administration; employer-financed benefit limitation; use and investment of assets; return of post-tax member contributions; beginning date of distributions; termination of retirement system; election to rollover to retirement plan; qualified military service. |
| Section 38.1615 | Reserve for employee contributions; subaccounts; transfer of accumulated member contributions. |
| Section 38.1615a | Mandatory contributions into the reserve for employee contributions. |
| Section 38.1616 | Reserve for employer contributions; transfer of accumulated employer contributions. |
| Section 38.1617 | Reserve for retired benefit payments; transfer between reserve for employer contributions and reserve for retired benefit payments. |
| Section 38.1618 | Reserve for casualty experience; initial casualty valuation as determining full funding reserve requirements; allocation from assets; retiree casualty payments; “casualty” defined. |
| Section 38.1619 | Reserve for undistributed investment income; amounts to be transferred; providing contingency reserves or meeting requirements of other reserve accounts; insufficient balance. |
| Section 38.1620 | Administrative expenses; appropriation. |
| Section 38.1621 | Allocation of undistributed investment income; charging amounts allocated; allocation rates. |
| Section 38.1622 | Payment date of retirement allowance; payment upon cessation of retirement allowance. |
| Section 38.1623 | Employees of department of state police as members of retirement system; Tier 1 or Tier 2 plan; resignation, death, transfer, or dismissal of member; lump sum; transfer of unclaimed contributions. |
| Section 38.1624 | Eligibility for retirement; application for retirement; mandatory retirement; amount of retirement allowance; death of retirant; appeal to retirement board; retirement allowance payment options; retirement allowance beneficiary; exception; written request. |
| Section 38.1624a | Deferred retirement option plan. |
| Section 38.1624b | Members on or after June 10, 2012; minimum eligibility for retirement; application for retirement; amount of retirement allowance. |
| Section 38.1625 | Payment of retirement allowance to surviving spouse, children, mother, father, sisters, or brothers; payment to deceased member's estate; applicability of supplements to retirement allowances and minimum annual retirement allowance provisions; maximum retirement allowance; eligibility for health insurance coverage. |
| Section 38.1626 | Retirement due to duty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member's estate; maximum retirement allowance; eligibility for health insurance coverage. |
| Section 38.1627 | Nonduty related death prior to effective date of retirement; payment to surviving spouse or children; payment to deceased member's estate; prohibited payment; commencement of retirement allowance; eligibility for health insurance coverage. |
| Section 38.1628 | Retirement due to nonduty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member's estate; eligibility for health insurance coverage. |
| Section 38.1629 | Retirement allowance on grounds of disability; medical examination; certification of findings; failure to return to active duty; forfeiture of rights. |
| Section 38.1630 | Deferred retirement allowance in lieu of refund of contributions; amount; commencement and duration of payments; forfeiture; payment to surviving spouse or dependent children; effect of reemployment; combining prior and subsequent service; recomputation of retirement allowance; service credit for member not meeting vision screening standards. |
| Section 38.1631 | Remarriage of surviving spouse. |
| Section 38.1632 | Purchase of service credit for active duty with armed forces. |
| Section 38.1633 | Purchase of service credit for service in VISTA or Peace Corps; eligibility exception. |
| Section 38.1634 | Leaving service or reducing hours of employment for purposes of maternity or paternity or child rearing; purchase of service credit; eligibility exception. |
| Section 38.1635 | Partial purchase of service credit. |
| Section 38.1636 | Reinstatement of disability retirant. |
| Section 38.1637 | Supplement to retirement allowance under former MCL 28.107(5). |
| Section 38.1638 | Supplement to retirement allowance under former MCL 28.108c. |
| Section 38.1639 | Supplement to retirement allowance on or after October 1, 1986. |
| Section 38.1639a | Monthly retirement allowance of retirant or beneficiary of deceased retirant; increase in payments; requirements; basis for calculations of future adjustments. |
| Section 38.1640 | Total retirement allowance of retirant or beneficiary of deceased retirant; increase; basis for calculations of future adjustments. |
| Section 38.1640a | Retirement allowance of retirant or retirement allowance beneficiary; increase; amount; limitation. |
| Section 38.1640b | Recalculation of retirement allowance. |
| Section 38.1640c | Supplemental benefit; conditions. |
| Section 38.1641 | Retirement allowance increases for command officers; effect on salary adjustments. |
| Section 38.1641a | Retirant participating and accruing leave time in bank time hours program established December 22, 1957 to July 13, 1963; supplement. |
| Section 38.1642 | Payment of hospitalization and medical, dental, and vision coverage insurance premiums; creation and function of health-dental-and vision benefits fund; health advance funding subaccount; transfer of funds; application of section to certain members. |
| Section 38.1642a | Elimination of health insurance coverage premium for certain members; contributions into Tier 2 account; credit to health reimbursement account. |
| Section 38.1642b | Qualified participant; Tier 1 and Tier 2 vesting schedule. |
| Section 38.1643 | Right of member, retirant, or beneficiary to retirement allowance or other benefit. |
| Section 38.1644 | Transfer of records, personnel, property, or funds to retirement system. |
| Section 38.1645 | General administration, management, and responsibility for operation of retirement system. |
| Section 38.1646 | Savings clause. |
| Section 38.1647 | Repeal of MCL 28.101 to 28.110. |
| Section 38.1648 | Effective date; exceptions. |
| Section 38.1660 | Implementation of Tier 2 plan. |
| Section 38.1661 | Meanings of words and phrases. |
| Section 38.1662 | Definitions; A to C. |
| Section 38.1663 | Definitions; E to F. |
| Section 38.1664 | Definitions; P to R. |
| Section 38.1665 | Administration of Tier 2 plan; department as fiduciary and trustee; plan document; employ or contract personnel. |
| Section 38.1666 | Claim of rights under Tier 2; hearing; application of administrative procedures act to Tier 2. |
| Section 38.1667 | Investment options under Tier 2 plan; limitations do not apply. |
| Section 38.1668 | Payment of administrative expenses of Tier 2 plan. |
| Section 38.1669 | Participation in other public sector retirement benefits plan prohibited; exception. |
| Section 38.1670 | Tier 2 vesting and contribution requirements. |
| Section 38.1672 | Nomination of refund beneficiary; requirements. |
| Section 38.1673 | Distribution of accumulated balance in Tier 2; death of participant; optional methods of distribution. |
| Section 38.1674 | Right of setoff; overpayments; embezzlement or fraud; correction of errors. |
| Act 100 of 2002 | PUBLIC EMPLOYEE RETIREMENT BENEFIT PROTECTION ACT (38.1681 - 38.1689) |
| Section 38.1681 | Short title. |
| Section 38.1682 | Definitions. |
| Section 38.1683 | Rights not subject to process of law or assignment. |
| Section 38.1684 | Rights subject to forfeiture and domestic relations orders. |
| Section 38.1685 | Award or order requiring withholding payments; limitations. |
| Section 38.1686 | Benefit payments; establishment of arrangement and fund. |
| Section 38.1687 | Retirement system and benefits subject to MCL 800.401 to 800.406. |
| Section 38.1688 | Loan eligibility; correcting records and recovering overpayments. |
| Section 38.1688a | Retirants eligible for election to governing board; equal treatment; compensation; definitions. |
| Section 38.1689 | Notification of disqualification from U.S. internal revenue service. |
| Act 46 of 1991 | ELIGIBLE DOMESTIC RELATIONS ORDER ACT (38.1701 - 38.1711) |
| Section 38.1701 | Short title. |
| Section 38.1702 | Definitions. |
| Section 38.1703 | Right of alternate payee to share of benefit payable to participant; payment of benefit pursuant to EDRO. |
| Section 38.1704 | Payment of benefit to alternate payee under EDRO; effective date; form. |
| Section 38.1705 | Election by alternate payee to receive interest in benefit after participant's earliest retirement date, but before termination of employment date; recalculation of benefit if participant retires before age 60. |
| Section 38.1706 | Spouse under judgment of separate maintenance or former spouse considered in EDRO as surviving spouse for purpose of receiving retirement benefit; benefit amount. |
| Section 38.1707 | Death of alternate payee before interest in benefit paid; reversion. |
| Section 38.1708 | Creation, assignment, or recognition of alternate payee's right to interest in benefit share not prohibited assignment under retirement system. |
| Section 38.1709 | Determination by retirement system whether domestic relations order is EDRO; procedure; notice. |
| Section 38.1710 | Domestic relations order as EDRO; determination by retirement system; notice; retirement allowance effective date; filing amended EDRO; providing notice by first-class mail. |
| Section 38.1711 | Status of domestic relations order filed with retirement system before effective date of act. |
| Act 234 of 1992 |
THE JUDGES RETIREMENT ACT OF 1992 (38.2101 - 38.2670) ***** 38.2304 SUBSECTION (4) MAY NOT APPLY: See (4) of 38.2304 ***** ***** 38.2214a THIS SECTION IS REPEALED BY ACT 215 OF 1999 EFFECTIVE ON THE DATE THE SETTLEMENT AGREEMENT IN THE CASE OF MICHIGAN JUDGES ASSN V TREASURER OF THE STATE OF MICHIGAN, CASE NO. 98-DT-72771-CV (ED MI), BECOMES OF NO FURTHER FORCE AND EFFECT, IS RENDERED NULL AND VOID, OR IS OTHERWISE TERMINATED ***** |
| 234-1992-I | ARTICLE I (38.2101...38.2111) |
| Section 38.2101 | Short title. |
| Section 38.2102 | Meanings of words and phrases. |
| Section 38.2103 | Definitions; A. |
| Section 38.2104 | Definitions; C, D. |
| Section 38.2105 | Definitions; E, F. |
| Section 38.2106 | Definitions; I to M. |
| Section 38.2107 | Definitions; O. |
| Section 38.2108 | Definitions; P. |
| Section 38.2109 | Definitions; R. |
| Section 38.2110 | Definitions; S. |
| Section 38.2110a | “Tier 1” and “Tier 2” defined. |
| Section 38.2111 | Definitions; V. |
| 234-1992-II | ARTICLE II (38.2201...38.2217) |
| Section 38.2201 | Michigan judges retirement system; creation; purpose. |
| Section 38.2202 | Michigan judges retirement board; creation within department; membership; terms; vacancy; compensation and expenses. |
| Section 38.2203 | Retirement board member; oath; quorum; unexcused absences; election of chairperson and vice chairperson. |
| Section 38.2204 | Retirement board; duties pursuant to MCL 16.101 to 16.608; rules; conducting business at public meeting; writings available to public. |
| Section 38.2205 | Management functions; director of bureau of retirement systems as executive secretary; employees. |
| Section 38.2206 | State treasurer as treasurer of retirement system; authority; duties. |
| Section 38.2207 | Attorney general as retirement board attorney. |
| Section 38.2208 | Administration of retirement system. |
| Section 38.2209 | Annual report. |
| Section 38.2210 | Reserve for member contributions. |
| Section 38.2211 | Reserve for employer contributions. |
| Section 38.2212 | Reserve for retirement benefits. |
| Section 38.2213 | Reserve for investment income. |
| Section 38.2214 | Reserve for health benefits. |
| Section 38.2214a | Postretirement medical benefits. |
| Section 38.2215 | Determination of actuarial cost; establishing method; calculation. |
| Section 38.2216 | Compliance with reciprocal retirement act. |
| Section 38.2217 | Court fee fund; applicability of section. |
| 234-1992-III | ARTICLE III (38.2301...38.2308) |
| Section 38.2301 | Actuary; duties. |
| Section 38.2302 | Annual appropriation; determination and certification of amount. |
| Section 38.2303 | Thirty-sixth district court; annual contribution; amount; plan 3b or 3c member supplemental salary payment. |
| Section 38.2304 | Deposit of court fees, late fees, and interest payments. |
| Section 38.2305 | Contributions; plan member classification; manner of payment; withholding payment to county or district control unit for contributions not received within 60 days. |
| Section 38.2306 | Member contributions picked up by state; tax treatment; contributions picked up by employer of judge in Detroit recorder's court, thirty-sixth district court, or probate court or by resolution or act of governing body; contributions picked up by state pursuant to MCL 38.2402, MCL 38.2403, or MCL 38.2404. |
| Section 38.2307 | Disposition of unclaimed retirement allowance or money payable on separation or death. |
| Section 38.2308 | Offsetting benefits against amounts owed; forfeiture of service credit for transfer to federal agency; rights subject to public employee retirement benefit protection act. |
| 234-1992-IV | ARTICLE IV (38.2401...38.2406) |
| Section 38.2401 | Retirement system; members; membership form; conditions for ceasing membership. |
| Section 38.2401a | Exclusion from Tier 1; eligibility as qualified participant in Tier 2. |
| Section 38.2402 | Retirement board; determining service credits; forfeiture; reinstatement; service credit for limited period or specific assignment. |
| Section 38.2403 | Election to purchase other public service credit; request; documentation; payment of actuarial cost; basis for calculating service credit. |
| Section 38.2404 | Election to purchase active duty service credit; request; documentation; payment to reserve; basis for calculating service credit. |
| Section 38.2405 | Accumulated contributions; payment to person ceasing to be member; payment to refund beneficiary before retirement allowance is payable; payment to refund beneficiary if retirant and option A beneficiary, option B beneficiary, or spouse dies; nomination of refund beneficiary. |
| Section 38.2406 | Retirant authorized by supreme court to perform judicial duties for limited period or specific assignment; retirant elected or appointed by governor as judge or state official. |
| 234-1992-V | ARTICLE V (38.2501...38.2512) |
| Section 38.2501 | Retirement allowance; requirements; application; form; retirement date; beginning payment. |
| Section 38.2501a | Early retirement benefits act; system subject to regulation. |
| Section 38.2502 | Vested former member; entitlement to deferred vested service retirement allowance; forfeiture. |
| Section 38.2503 | Member or vested former member; payment of straight life retirement allowance; calculation; payment for lifetime of retirant; election of optional retirement allowance. |
| Section 38.2504 | Plan 3 member; conversion of $2,250.00 of state salary standardization payment; exemptions; limitations; state base salary of probate court judge; deduction and transfer of contribution. |
| Section 38.2504a | Plan 3 member; election; filing; manner; payment; definitions; applicability of section. |
| Section 38.2505 | Salary standardization payment as wages for social security reporting purposes. |
| Section 38.2506 | Election of straight life retirement allowance or optional retirement allowance. |
| Section 38.2507 | Disability; determination by medical adviser; notice to appeal; determination by medical committee; refusal to submit to medical examination; payment. |
| Section 38.2508 | Death of member with 8 or more years of credited service or of vested former member before retirement; payment of retirement allowance. |
| Section 38.2509 | Hospital and medical-surgical and sick care benefits; payment of premiums. |
| Section 38.2510 | Effective date of retirement before January 1, 1980; exception; supplement. |
| Section 38.2511 | Effective date of retirement before January 1, 1980; supplement; minimum amount; retirant or beneficiary receiving annuity or allowance from another publicly supported system; former probate judges retirement system. |
| Section 38.2512 | Supplemented retirement allowance. |
| 234-1992-VI | ARTICLE VI (38.2601...38.2608) |
| Section 38.2601 | False statement or violation as misdemeanor; penalty. |
| Section 38.2602 | Change or error in records; adjustment. |
| Section 38.2603 | Retirement board member or employee; prohibited acts. |
| Section 38.2604 | Intent of act; employer-financed benefits; limitations; use of assets; returning post-tax member contributions; beginning date of distributions; minimum distribution requirements; termination of retirement system; election to rollover to retirement plan; interest rate; consideration of compensation; qualified military service. |
| Section 38.2605 | Effect of proceedings, rights, and liabilities existing under former judges retirement system or former probate judges retirement system. |
| Section 38.2606 | Transfer of assets, rights, and obligations under former retirement systems to judges retirement system. |
| Section 38.2607 | Repeal of MCL 38.801 to 38.831, 38.901 to 38.933, and 600.2530a. |
| Section 38.2608 | Conditional effective date. |
| 234-1992-VII | ARTICLE VII (38.2651...38.2670) |
| Section 38.2651 | Participation in Tier 1 or Tier 2 by member, vested former member, or former nonvested member; election; writing; irrevocability; method; election subject to domestic relations order act; disqualification for tax purposes; election not implemented due to court order. |
| Section 38.2651a | Participation of judge of circuit court, probate court, or district court in Tier 1 or Tier 2; election; window of opportunity; method; disqualification for tax purposes. |
| Section 38.2651b | Election pursuant to MCL 38.2651 or MCL 38.2651a. |
| Section 38.2652 | Termination of membership; transfer, recomputation, and calculation by retirement system. |
| Section 38.2652a | Termination of membership in Tier 1 pursuant to MCL 38.2651a; definitions; transfer to account in Tier 2; calculation; disqualification for tax purposes. |
| 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 38.2656 | “Qualified participant,”“refund beneficiary,”“salary,” and “state treasurer” defined. |
| Section 38.2657 | Administration of Tier 2 by state treasurer. |
| Section 38.2658 | Hearing. |
| Section 38.2659 | Direction of investment by qualified participant, former qualified participant, and refund beneficiary. |
| Section 38.2660 | Administrative expenses. |
| Section 38.2661 | Participation in other retirement benefits plan; prohibition. |
| Section 38.2662 | Judge or state official; election not to participate or to discontinue participation in Tier 2. |
| 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. |
| Section 38.2669 | Health insurance coverage. |
| Section 38.2670 | Distributions; exemption from tax; subject to taxation beginning January 1, 2012; right of setoff to recover overpayments; satisfaction of claims arising from embezzlement or fraud; correction of errors. |
| Act 350 of 1994 | PUBLIC EMPLOYEE RETIREMENT BENEFITS FORFEITURE ACT (38.2701 - 38.2705) |
| Section 38.2701 | Short title. |
| Section 38.2702 | Definitions. |
| Section 38.2703 | Forfeiture of retirement rights. |
| Section 38.2704 | Court; forfeiture order; contents; delivery to retirement system. |
| Section 38.2704a | Freezing of retirement benefit; court order; delivery to retirement system; "prosecuting agency" defined. |
| Section 38.2705 | Retirement system; compliance with court order. |
| E.R.O. No. 1999-5 | EXECUTIVE REORGANIZATION ORDER (38.2721 - 38.2721) |
| Section 38.2721 | Transfer of authority and duties relative to the deferred compensation plans and defined contribution plan from the state treasurer to the director of the department of management and budget by Type II transfer. |
| 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 financial statements; establishment and maintenance of health reimbursement accounts; separate prefunding account. |
| 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. |
| Act 202 of 2017 | PROTECTING LOCAL GOVERNMENT RETIREMENT AND BENEFITS ACT (38.2801 - 38.2812) |
| Section 38.2801 | Short title. |
| Section 38.2802 | Legislature findings and declarations. |
| Section 38.2803 | Definitions. |
| Section 38.2804 | Retirement health benefit offered by local unit of government; requirements; "summary retiree health care report" defined. |
| Section 38.2805 | State treasurer; establishment of uniform actuarial assumptions of retirement systems; evaluation system; review and oversight of underfunded local unit of government; determination; calculation of funded ratios by local governmental unit; report; posting on website. |
| Section 38.2806 | Underfunded status; waiver; duties of state treasurer if local unit of government not granted waiver. |
| Section 38.2807 | Municipal stability board; creation; powers, duties, and functions; membership; appointment by governor; qualifications; terms; vacancy; chairperson; quorum; meetings; bylaws; contract for professional services; travel and expenses; ethics policy; oath of office; "professional services" defined. |
| Section 38.2808 | Development of corrective action plan; list of best practices and strategies. |
| Section 38.2809 | Corrective action plan; development and submission for approval. |
| Section 38.2810 | Corrective action plan; review and approval by board; inclusion of corrective options and additional solutions; disapproval; notification and report; implementation of plan; monitor and certification of compliance; contents of plan. |
| Section 38.2812 | Board as state board; members as state officers; presumption of validity; court jurisdiction; department of treasury as party. |