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Michigan Statutes, Title 38

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Michigan/Statutes

← All Michigan coverage

Title 38, CIVIL SERVICE AND RETIREMENT

47 chapters · 822 sections in this title.

All chapters in Title 38822 Ch 240-of-1943, STATE EMPLOYEES' RETIREMENT ACT119 Ch 300-of-1980, THE PUBLIC SCHOOL EMPLOYEES RETIREME…114 Ch 261-of-1957, MICHIGAN LEGISLATIVE RETIREMENT SYST…95 Ch 234-of-1992, THE JUDGES RETIREMENT ACT OF 199290 Ch 182-of-1986, STATE POLICE RETIREMENT ACT OF 198674 Ch 4-of-1937 (Ex. Sess.), TEACHERS' TENURE38 Ch 314-of-1965, PUBLIC EMPLOYEE RETIREMENT SYSTEM IN…36 Ch 370-of-1941, COUNTY EMPLOYEES' CIVIL SERVICE SYSTEM30 Ch 205-of-1951, SOCIAL SECURITY FOR PUBLIC EMPLOYEES21 Ch 246-of-1965, TOWNSHIP CIVIL SERVICE SYSTEM21 Ch 78-of-1935, FIREMEN AND POLICEMEN CIVIL SERVICE …20 Ch 345-of-1937, FIRE FIGHTERS AND POLICE OFFICERS RE…20 Ch 77-of-2010, PUBLIC EMPLOYEE RETIREMENT HEALTH CA…19 Ch 46-of-1991, ELIGIBLE DOMESTIC RELATIONS ORDER ACT11

90 sections·Filtered byTitle 38✕Ch 234-of-1992✕

Mich. Comp. Laws § 38.2504a Plan 3 member; election; filing; manner; payment; definitions; applicability of section.
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Sec. 504a. (1) A judge who is a plan 3 member may make the election prescribed in this subsection during the election period. A judge who makes the election under this subsection elects to convert the balance of the difference between the state base salary and the maximum statuto…
Mich. Comp. Laws § 38.2505 Salary standardization payment as wages for social security reporting purposes.
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Sec. 505. For a member who is a judge and who is receiving a state-paid salary, the salary standardization payment is considered wages for social security reporting purposes to the extent that a judge's state base salary is less than the social security maximum reportable wage fo…
Mich. Comp. Laws § 38.2506 Election of straight life retirement allowance or optional retirement allowance.
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Sec. 506. (1) Upon application for retirement under this act, a member or vested former member who meets the requirements of section 501 may elect to receive a retirement allowance as a straight life retirement allowance or as an optional retirement allowance under 1 of the payme…
Mich. Comp. Laws § 38.2507 Disability; determination by medical adviser; notice to appeal; determination by medical committee; refusal to submit to medical examination; payment.

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Sec. 507. (1) A member who has 8 or more years of credited service and who is physically or mentally totally disabled to perform his or her duties is entitled to retire due to disability as provided in this section. A member who has 8 or more years of credited service agrees to s…

Mich. Comp. Laws § 38.2508 Death of member with 8 or more years of credited service or of vested former member before retirement; payment of retirement allowance.

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Sec. 508. (1) If a member who has 8 or more years of credited service dies while in office or if a vested former member dies before retirement, the retirement system shall pay the following retirement allowance as applicable: (a) If a member with 8 or more years of credited servi…

Mich. Comp. Laws § 38.2509 Hospital and medical-surgical and sick care benefits; payment of premiums.

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Sec. 509. (1) The retirement system shall pay the premium for hospital and medical-surgical and sick care benefits for a retirant who, as a member, served after January 1, 1983 as a justice of the supreme court, judge of the court of appeals, or a state official, or for his or he…

Mich. Comp. Laws § 38.2510 Effective date of retirement before January 1, 1980; exception; supplement.

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Sec. 510. (1) Effective June 1, 1996, the retirement allowance payable to a retirant or beneficiary of a deceased retirant whose effective date of retirement was before January 1, 1980, except a retirant or beneficiary of a deceased retirant who was a member of the former judges …

Mich. Comp. Laws § 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.

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Sec. 511. (1) Except as provided in subsection (2), the retirement allowance payable to a retirant whose effective date of retirement was before January 1, 1980 or to an option A beneficiary of a deceased retirant whose effective date of retirement was before January 1, 1980, as …

Mich. Comp. Laws § 38.2512 Supplemented retirement allowance.

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Sec. 512. (1) A person may elect to receive a supplemented retirement allowance if the person meets all of the following requirements: (a) The person is a retirant or beneficiary of a deceased retirant whose effective date of retirement was on or after January 1, 1980 but before …

Mich. Comp. Laws § 38.2601 False statement or violation as misdemeanor; penalty.

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Sec. 601. A person who, with intent to deceive, makes a false statement in a report or record required under this retirement system, or who, with intent to deceive, violates this act or a rule promulgated under this act is guilty of a misdemeanor, punishable by imprisonment for n…

Mich. Comp. Laws § 38.2602 Change or error in records; adjustment.

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Sec. 602. If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from the retirement system more or less than the retirant, retirement allowance beneficiary, or refund beneficiary would…

Mich. Comp. Laws § 38.2603 Retirement board member or employee; prohibited acts.

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Sec. 603. Except as provided in this act, a retirement board member or employee of the retirement board shall not have any interest, direct or indirect, in the gains or profits of any investments made of retirement system funds. Except as provided in section 202, a board member s…

Mich. Comp. Laws § 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.

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Sec. 604. (1) This section is enacted under section 401(a) of the internal revenue code, 26 USC 401, which imposes certain administrative requirements and benefit limitations for qualified governmental plans. This state intends that the retirement system be a qualified pension pl…

Mich. Comp. Laws § 38.2605 Effect of proceedings, rights, and liabilities existing under former judges retirement system or former probate judges retirement system.

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Sec. 605. All proceedings pending and all rights and liabilities existing, acquired, or incurred under the former judges retirement system or former probate judges retirement system at the time this act takes effect are saved. Those proceedings shall be consummated pursuant to th…

Mich. Comp. Laws § 38.2606 Transfer of assets, rights, and obligations under former retirement systems to judges retirement system.

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Sec. 606. All assets, rights, and obligations under the former judges retirement system and former probate judges retirement system are transferred to this retirement system. These assets, rights, and obligations shall continue to be accounted for in the various reserves created …

Mich. Comp. Laws § 38.2607 Repeal of MCL 38.801 to 38.831, 38.901 to 38.933, and 600.2530a.

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Sec. 607. (1) Act No. 198 of the Public Acts of 1951, being sections 38.801 to 38.831 of the Michigan Compiled Laws and Act No. 165 of the Public Acts of 1954, being sections 38.901 to 38.933 of the Michigan Compiled Laws, are repealed. (2) Section 2530a of Act No. 236 of the Pub…

Mich. Comp. Laws § 38.2608 Conditional effective date.

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Sec. 608. This act shall not take effect unless House Bill No. 6097 of the 86th Legislature is enacted into law.

Mich. Comp. Laws § 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.

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Sec. 701. (1) The retirement system shall provide an opportunity for each member who is a member on March 30, 1997, to elect in writing to terminate membership in Tier 1 and elect to become a qualified participant in Tier 2. An election made by a member under this subsection is i…

Mich. Comp. Laws § 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.

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Sec. 701a. (1) Except as otherwise provided in subsection (3), the retirement system shall provide an opportunity for each judge of the circuit court, probate court, or district court who was a member on March 30, 1997 to elect in writing to terminate membership in Tier 1 and ele…

Mich. Comp. Laws § 38.2651b Election pursuant to MCL 38.2651 or MCL 38.2651a.

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Sec. 701b. (1) A member who makes and files a written election under section 701a(1) or an individual who makes and files a written election under section 701(2) shall at the time of that election also make an election to do 1 of the following: (a) To have 100% of his or her sala…

Mich. Comp. Laws § 38.2652 Termination of membership; transfer, recomputation, and calculation by retirement system.

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Sec. 702. (1) For a member who elects to terminate membership in Tier 1 under section 701(1), the retirement system shall direct the state treasurer to transfer a lump sum amount from the appropriate fund created under this act to the qualified participant's account in Tier 2 on …

Mich. Comp. Laws § 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.

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Sec. 702a. (1) For a member who elects to terminate membership in Tier 1 under section 701a(1), the retirement system shall direct the state treasurer to transfer a lump sum amount from the appropriate fund created under this act to the qualified participant's account in Tier 2 o…

Mich. Comp. Laws § 38.2653 Calculation and submission of cost savings.

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Sec. 703. After consulting the retirement system's actuary, the department of management and budget shall calculate for each fiscal year any cost savings that have accrued to this state as a result of the implementation of the amendatory act that added this section over the costs…

Mich. Comp. Laws § 38.2654 Meanings of words and phrases; “accumulated balance” defined.

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Sec. 704. (1) For the purposes of this article, the words and phrases defined in this section and sections 705 to 710 have the meanings ascribed to them in those sections. (2) "Accumulated balance" means the total balance in a qualified participant's, former qualified participant…

Mich. Comp. Laws § 38.2655 “Employer,”“former qualified participant,” and “health benefit dependent” defined.

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Sec. 705. (1) "Employer" means this state. (2) "Former qualified participant" means an individual who was a qualified participant and who terminates the employment upon which his or her participation is based for any reason. (3) "Health benefit dependent" means the qualified or f…

Mich. Comp. Laws § 38.2656 “Qualified participant,”“refund beneficiary,”“salary,” and “state treasurer” defined.

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Sec. 706. (1) "Qualified participant" means an individual who is a participant of Tier 2 and who meets 1 of the following requirements: (a) An individual who first becomes a judge or state official on or after March 31, 1997, and who before March 31, 1997 would have been eligible…

Mich. Comp. Laws § 38.2657 Administration of Tier 2 by state treasurer.

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Sec. 707. (1) The state treasurer shall administer Tier 2 and shall invest the assets of Tier 2. The state treasurer is the fiduciary and trustee of Tier 2. The state treasurer may appoint an advisory board to assist the state treasurer in carrying out his or her duties as fiduci…

Mich. Comp. Laws § 38.2658 Hearing.

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Sec. 708. (1) A qualified participant, former qualified participant, health benefit dependent, or refund beneficiary may request a hearing on a claim involving his or her rights under Tier 2. Upon written request, the state treasurer shall provide for a hearing that shall be cond…

Mich. Comp. Laws § 38.2659 Direction of investment by qualified participant, former qualified participant, and refund beneficiary.

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Sec. 709. Each qualified participant, former qualified participant, and refund beneficiary shall direct the investment of the individual's accumulated employer and employee contributions and earnings to 1 or more investment choices within available categories of investment provid…

Mich. Comp. Laws § 38.2660 Administrative expenses.

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Sec. 710. The administrative expenses of Tier 2 shall be paid by the qualified participants, former qualified participants, and refund beneficiaries who have not closed their accounts in a manner determined by the state treasurer.

Mich. Comp. Laws § 38.2661 Participation in other retirement benefits plan; prohibition.

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Sec. 711. (1) A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer. This subsection does not apply to a qualified participant who makes the election under section 701…

Mich. Comp. Laws § 38.2662 Judge or state official; election not to participate or to discontinue participation in Tier 2.

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Sec. 712. An individual who first becomes a judge or state official on or after March 31, 1997 may irrevocably elect not to become a qualified participant of Tier 2 or may irrevocably elect to discontinue participation in Tier 2 by filing written notice of the election with the s…

Mich. Comp. Laws § 38.2663 Election to terminate membership in Tier 1; credit or charge to Tier 2 account.

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Sec. 713. (1) The state treasurer shall promptly credit the Tier 2 account of a qualified participant who makes an election under section 701 or 701a to terminate membership in Tier 1 with any amount transferred from Tier 1 pursuant to section 702 or 702a, as applicable. (2) Not …

Mich. Comp. Laws § 38.2664 Contributions by employer and participant.

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Sec. 714. (1) This section is subject to the vesting requirements of section 715. (2) A qualified participant's employer shall contribute to the qualified participant's account in Tier 2 an amount equal to 4% of the qualified participant's salary. (3) Except as otherwise provided…

Mich. Comp. Laws § 38.2665 Vesting requirements.

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Sec. 715. (1) A qualified participant is immediately 100% vested in his or her contributions made to Tier 2. A qualified participant shall vest in the employer contributions made on his or her behalf to Tier 2 according to the following schedule: (a) Upon completion of 2 years of…

Mich. Comp. Laws § 38.2666 Participation in Tier 2; crediting years of service accrued under Tier 1.

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Sec. 716. A qualified participant who was a member, deferred vested member, or former nonvested member of Tier 1 who makes an election to participate in Tier 2 pursuant to section 701 or 701a, shall be credited with the years of service accrued under Tier 1 on the effective date …

Mich. Comp. Laws § 38.2667 Refund beneficiary.

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Sec. 717. A qualified participant or former qualified participant may nominate 1 or more individuals as a refund beneficiary by filing written notice of nomination with the state treasurer. If the qualified participant or former qualified participant is married at the time of the…

Mich. Comp. Laws § 38.2668 Methods of distribution.

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Sec. 718. (1) A qualified participant is eligible to receive distribution of his or her accumulated balance in Tier 2 upon becoming a former qualified participant. (2) Upon the death of a qualified participant or former qualified participant, the accumulated balance of that decea…

Mich. Comp. Laws § 38.2669 Health insurance coverage.

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Sec. 719. (1) A former qualified participant may elect health insurance benefits in the manner prescribed in this section if he or she meets both of the following requirements: (a) The former qualified participant is vested in health benefits under section 715(2). (b) The former …

Mich. Comp. Laws § 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.

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Sec. 720. (1) Except as otherwise provided in this section, distributions under Tier 1 or Tier 2 from employer contributions and earnings on those employer contributions, and distributions under Tier 1 or Tier 2 from employee contributions and earnings on those employee contribut…