HOUSE BILL No. 6607

 

November 6, 2008, Introduced by Reps. Byrum and Miller and referred to the Committee on Tax Policy.

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

by amending section 1224 (MCL 380.1224), as amended by 1992 PA 19.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1224. (1) At the request of an employee and as part of

 

the employee's compensation arrangement, the board of a school

 

district may purchase a tax-deferred investment for an employee for

 

retirement or other purposes and may make payroll allocations in

 

accordance with the arrangement to pay for the tax-deferred

 

investment. The allocation shall be made in a manner which will

 

qualify all or part of the tax-deferred investment for the benefit

 

afforded under the federal internal revenue code or other federal

 


income tax law. The employee shall own the tax-deferred investment.

 

The employee's rights under it shall be nonforfeitable except for

 

failure to make required payments.

 

     (2) The board shall establish and maintain a bidding process

 

for any investment administrative services it uses to procure the

 

tax-deferred investments. The bidding process shall assure that

 

providers of investment administrative services that are

 

headquartered or doing a majority of their business in this state

 

are given the opportunity to compete for the investment

 

administrative services business. Before contracting for any

 

investment administrative services with a provider that is not

 

either headquartered in this state or doing a majority of its

 

business in this state, the board of a school district or board of

 

an intermediate school district shall prepare and make available to

 

the public a detailed cost-benefit analysis justifying the

 

selection of the service provider. The analysis shall be prepared

 

utilizing accurate, reliable, and objective data and shall use the

 

soundest actuarial techniques that are available to the school

 

district or intermediate school district.

 

     (3) (2) The board shall not have liability because of its

 

purchase of tax-deferred investments for employees.

 

     (4) (3) This section shall be applied in a nondiscriminatory

 

manner to employees of the school district.

 

     (5) (4) As used in this section, "tax-deferred investment"

 

means an annuity contract, interest in a mutual fund, or other

 

investment device that qualifies for deferral of federal income

 

taxes under the federal internal revenue code or other federal

 


income tax law.