February 1, 2005, Introduced by Reps. Anderson, Clack, Farrah, Hopgood, Alma Smith, Gillard, Gonzales, Sak, Gleason and Vagnozzi and referred to the Committee on Employment Relations, Training, and Safety.
A bill to amend 1969 PA 317, entitled
"Worker's disability compensation act of 1969,"
by amending section 357 (MCL 418.357), as amended by 1982 PA 32.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 357. (1) When an employee who is receiving weekly
payments or is entitled to weekly payments reaches or has reached
or passed the age of 65, the weekly payments for each year
following his or her sixty-fifth birthday shall be reduced by 5% of
the weekly payment paid or payable at age 65, but not to less than
50% of the weekly benefit paid or payable at age 65, so that on his
or her seventy-fifth birthday the weekly payments shall have been
reduced by 50%; after which there shall not be a further reduction
for the duration of the employee's life. Weekly payments shall not
be reduced below the minimum weekly benefit as provided in this
act.
(2) An employer or the carrier for an employer shall not
reduce an employee's weekly payments if the reduction would be
contrary to equity and good conscience and cause extreme financial
hardship to the employee. As used in this subsection, "extreme
financial hardship" means that the reduction in benefits taken
together with other current sources of income for the employee
would cause the employee's income to fall below the federal poverty
guidelines published by the United States department of health and
human services for the year in which the weekly payments are
received. An employee may submit any dispute or controversy
concerning the weekly payments entitled under this section to the
bureau as provided by section 841.
(3)
(2) Subsection (1) shall not apply to a person 65 years
of age or over otherwise eligible and receiving weekly payments who
is
not eligible for benefits under the social security act, 42
U.S.C.
301 to 1397f 42 USC 301 to 1397jj, or to a person whose
payments under this act are coordinated under section 354.