October 12, 2005, Introduced by Reps. Lemmons, III and Lemmons, Jr. and referred to the Committee on Judiciary.
A bill to amend 1992 PA 234, entitled
"The judges retirement act of 1992,"
by amending section 401 (MCL 38.2401).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 401. (1) Each of the following is a member of the
retirement system:
(a) A person who is duly elected or appointed as a judge or
state official on or after the effective date of this act, unless
within 30 days from taking office the judge or state official files
a written notice not to participate in the retirement system with
the retirement system.
(b) A person who was a member of the former judges retirement
system or former probate judges retirement system on the day before
the effective date of this act and who remains a judge or state
official on and after the effective date of this act.
(c) A person, other than a retirant, who is authorized by the
supreme court to perform judicial duties for a limited period or a
specific assignment pursuant to section 23 of article VI of the
state constitution of 1963 and who performs at least 20 days of
service in a 30-consecutive day period.
(2) A judge or state official who becomes a member under
subsection (1)(a) shall complete a membership form furnished by the
retirement system and shall forward the form to the retirement
system within 30 days of taking office. A judge or state official,
upon becoming a member, is considered to have agreed that in the
event of adjudication of the member's mental incompetency, a
guardian, if appointed, has the power and authority to complete and
execute the necessary application forms to retire the member as
provided in section 507. In all cases of doubt, the retirement
board shall decide the membership status of a judge or state
official.
(3) The membership of a judge or state official in the
retirement system ceases when the member retires, when the members
forfeits his or her membership under the provisions of section 507,
at the end of the judicial term in which the member who is a judge
attains
age 70 75, or upon ceasing to be a judge or state
official unless the person is a vested former member.