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Michigan Statutes, Title 38

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Michigan/Statutes

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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 § 38.2101 Short title.
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Sec. 101. This act shall be known and may be cited as "the judges retirement act of 1992".
Mich. Comp. Laws § 38.2102 Meanings of words and phrases.
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Sec. 102. For the purposes of this act, the words and phrases defined in this article have the meanings ascribed to them in those sections.
Mich. Comp. Laws § 38.2103 Definitions; A.
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Sec. 103. (1) "Accumulated contributions" means the balance standing to the member's credit in the reserve for member contributions. The balance includes member contributions and interest attributable to those contributions. (2) "Active duty" means full-time duty in the armed for…
Mich. Comp. Laws § 38.2104 Definitions; C, D.
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Sec. 104. (1) "Compensation" means 1 of the following: (a) For a plan 1 member or plan 2 member, the salary paid by this state. (b) For a plan 3 member, the salary paid by this state, except that for a plan 3 member who is a judge of the recorder's court of the city of Detroit, c…

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Mich. Comp. Laws § 38.2105 Definitions; E, F.

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Sec. 105. (1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means 1 or more of the following: (a) An individual retirement account described in section 408(a) of the internal revenue code, 26 USC 408. (b) An individual reti…

Mich. Comp. Laws § 38.2106 Definitions; I to M.

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Sec. 106. (1) "Interest" means the rate or rates of interest per annum, compounded annually, as determined by the retirement board. (2) "Internal revenue code" means the United States internal revenue code of 1986. (3) "Judge" means a duly elected or appointed justice of the supr…

Mich. Comp. Laws § 38.2107 Definitions; O.

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Sec. 107. (1) "Option A beneficiary" means the retirement allowance beneficiary designated by the member under section 506(1)(a). (2) "Option B beneficiary" means the retirement allowance beneficiary designated by the member under section 506(1)(b). (3) "Other public service" mea…

Mich. Comp. Laws § 38.2108 Definitions; P.

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Sec. 108. (1) "Plan 1 member" means a member or vested former member who is or was the governor, lieutenant governor, secretary of state, attorney general, or legislative auditor general. (2) "Plan 2 member" means a member or vested former member who is or was the constitutional …

Mich. Comp. Laws § 38.2109 Definitions; R.

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Sec. 109. (1) "Refund beneficiary" means 1 or more persons whom the member, vested former member, or retirant nominates under section 405 for the purpose of being paid accumulated contributions in the event of the death of the member, vested former member, or retirant if a retire…

Mich. Comp. Laws § 38.2110 Definitions; S.

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Sec. 110. (1) "Salary standardization payment" means the amount of money payable by this state to a county, a city, or a district control unit for supplemental salary paid to a judge, a portion of which a plan 3 member may convert under section 504 as additional compensation for …

Mich. Comp. Laws § 38.2110a “Tier 1” and “Tier 2” defined.

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Sec. 110a. (1) "Tier 1" means the retirement plan available under this act to a member who first became a judge or state official before March 31, 1997 and who does not elect to become a qualified participant of Tier 2. (2) "Tier 2" means the retirement plan established pursuant …

Mich. Comp. Laws § 38.2111 Definitions; V.

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Sec. 111. "Vested former member" means a member who is entitled to a deferred vested service retirement allowance under section 502.

Mich. Comp. Laws § 38.2201 Michigan judges retirement system; creation; purpose.

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Sec. 201. The Michigan judges retirement system is created for judges and state officials.

Mich. Comp. Laws § 38.2202 Michigan judges retirement board; creation within department; membership; terms; vacancy; compensation and expenses.

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Sec. 202. (1) The Michigan judges retirement board is created in the department. The retirement board consists of the following 5 retirement board members: (a) The state treasurer. (b) The attorney general. (c) One judge who is a member of the retirement system appointed by the g…

Mich. Comp. Laws § 38.2203 Retirement board member; oath; quorum; unexcused absences; election of chairperson and vice chairperson.

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Sec. 203. (1) Each appointed retirement board member, before assuming office, shall take an oath of office. An appointed retirement board member shall immediately file the oath of office with the secretary of state. A retirement board member is a trustee of the retirement system.…

Mich. Comp. Laws § 38.2204 Retirement board; duties pursuant to MCL 16.101 to 16.608; rules; conducting business at public meeting; writings available to public.

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Sec. 204. (1) The retirement board has the rights, authority, and discretion in the proper discharge of retirement board duties pursuant to the executive organization act of 1965, Act No. 380 of the Public Acts of 1965, being sections 16.101 to 16.608 of the Michigan Compiled Law…

Mich. Comp. Laws § 38.2205 Management functions; director of bureau of retirement systems as executive secretary; employees.

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Sec. 205. The department shall be responsible for the budgeting, procurement, and related management functions of the retirement system. The director of the bureau of retirement systems in the department is the executive secretary of the retirement system. The executive secretary…

Mich. Comp. Laws § 38.2206 State treasurer as treasurer of retirement system; authority; duties.

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Sec. 206. (1) The state treasurer is the treasurer of the retirement system. The state treasurer has investment authority, including the custodianship of the funds of the retirement system, and has fiduciary responsibility with regard to the investment of funds of the retirement …

Mich. Comp. Laws § 38.2207 Attorney general as retirement board attorney.

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Sec. 207. The attorney general is the legal adviser to the retirement board and shall act as the retirement board's attorney. The attorney general shall represent the retirement board in all litigation to which the retirement board is a party.

Mich. Comp. Laws § 38.2208 Administration of retirement system.

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Sec. 208. The retirement system shall draw its warrants upon the state treasury, payable out of funds of the retirement system, for the payment of retirement allowances, accumulated contributions, and the payment of salaries and other expenses necessary in the administration of t…

Mich. Comp. Laws § 38.2209 Annual report.

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Sec. 209. The retirement system shall prepare an annual report for each fiscal year. The annual report shall contain information regarding the financial, actuarial, and other activities of the retirement system during the fiscal year. The retirement system shall furnish a copy of…

Mich. Comp. Laws § 38.2210 Reserve for member contributions.

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Sec. 210. The reserve for member contributions is created. The retirement system shall deposit contributions from the compensation of members, and other member payments as provided in this act, except member contributions for health benefits as provided in section 305, in the res…

Mich. Comp. Laws § 38.2211 Reserve for employer contributions.

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Sec. 211. The reserve for employer contributions is created. The retirement system shall credit to the reserve for employer contributions all court fees, late fees, and interest payments received pursuant to section 304; state appropriations received pursuant to section 302; and …

Mich. Comp. Laws § 38.2212 Reserve for retirement benefits.

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Sec. 212. The reserve for retirement benefits is created. The retirement system shall pay all retirement allowances and residual accumulated contributions of deceased retirees from the reserve for retirement benefits. The retirement system shall credit to the reserve for retireme…

Mich. Comp. Laws § 38.2213 Reserve for investment income.

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Sec. 213. (1) The reserve for investment income is created. The state treasurer shall credit to the reserve for investment income all interest, dividends, and other income from the investment of retirement system assets except for those of the reserve for health benefits created …

Mich. Comp. Laws § 38.2214 Reserve for health benefits.

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Sec. 214. The reserve for health benefits is created. The retirement system shall deposit into the reserve for health benefits the member contributions for health benefits required by section 305(1)(a), amounts transferred pursuant to section 217(1), and accumulated earnings on t…

Mich. Comp. Laws § 38.2214a Postretirement medical benefits.

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Sec. 214a. (1) Following the date of the determination described in subsection (11) and following the date of the election made under subsection (4), the retirement system shall provide postretirement medical benefits for eligible judges and their health benefit dependents and po…

Mich. Comp. Laws § 38.2215 Determination of actuarial cost; establishing method; calculation.

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Sec. 215. The retirement board and the department shall establish the method of determining the actuarial cost. The actuary shall calculate the actuarial cost based upon the product of the following elements: (a) A percentage that when multiplied by a member's compensation result…

Mich. Comp. Laws § 38.2216 Compliance with reciprocal retirement act.

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Sec. 216. The retirement system shall comply with the reciprocal retirement act, 1961 PA 88, MCL 38.1101 to 38.1106, if a resolution electing to come under the provisions of the reciprocal retirement act, 1961 PA 88, MCL 38.1101 to 38.1106, is in effect.

Mich. Comp. Laws § 38.2217 Court fee fund; applicability of section.

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Sec. 217. (1) A court fee fund is created in the state treasury. The state treasurer shall deposit into the court fee fund all money received from the executive secretary pursuant to section 304(4). The state treasurer shall, if funds remain in the court fee fund after the transf…

Mich. Comp. Laws § 38.2301 Actuary; duties.

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Sec. 301. (1) The retirement system shall direct the actuary to do all of the following: (a) Determine the annual level percent of payroll contribution rate to finance the benefits provided under this act by actuarial valuation pursuant to subsections (2) and (3), and upon the ba…

Mich. Comp. Laws § 38.2302 Annual appropriation; determination and certification of amount.

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Sec. 302. (1) Except as provided in subsection (2), the legislature shall annually appropriate to the retirement system the amount determined under subsection (2) in order to fund the retirement system on an estimated basis for the fiscal year for which the appropriation is made.…

Mich. Comp. Laws § 38.2303 Thirty-sixth district court; annual contribution; amount; plan 3b or 3c member supplemental salary payment.

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Sec. 303. (l) The reporting unit for the district court in the thirty-sixth district shall contribute annually to the retirement system for each member who is a judge of the thirty-sixth district court an amount equal to the product of the total annual additional salary paid to t…

Mich. Comp. Laws § 38.2304 Deposit of court fees, late fees, and interest payments.

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Sec. 304. (1) Except as provided in subsection (4), the retirement system shall transmit all court fees received by the executive secretary and all late fees and interest payments received under this section to the state treasurer for deposit in the reserve for employer contribut…

Mich. Comp. Laws § 38.2305 Contributions; plan member classification; manner of payment; withholding payment to county or district control unit for contributions not received within 60 days.

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Sec. 305. (1) Each member, upon taking office and so long as he or she remains in office, shall make contributions to the retirement system according to the applicable plan member classification as follows: (a) A plan 1 member or a plan 2 member shall contribute 5% of the member'…

Mich. Comp. Laws § 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.

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Sec. 306. (1) This state shall pick up member contributions required by section 305 for all compensation paid after December 31, 1982, for members who receive a salary paid by this state. Contributions picked up are treated as employer contributions in determining tax treatment u…

Mich. Comp. Laws § 38.2307 Disposition of unclaimed retirement allowance or money payable on separation or death.

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Sec. 307. Upon the separation from service by a member or upon the death of a retirant, a retirement allowance beneficiary, or a refund beneficiary, any unclaimed retirement allowance or other money otherwise payable on account of the separation or death remains a part of the res…

Mich. Comp. Laws § 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.

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Sec. 308. (1) The retirement system may offset retirement benefits or refunds payable under this act against amounts owed to the retirement system by a member, vested former member, retirant, retirement allowance beneficiary, or refund beneficiary. (2) If the retirement system is…

Mich. Comp. Laws § 38.2401 Retirement system; members; membership form; conditions for ceasing membership.

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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 no…

Mich. Comp. Laws § 38.2401a Exclusion from Tier 1; eligibility as qualified participant in Tier 2.

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Sec. 401a. (1) Notwithstanding section 401, an individual described in this subsection is not a member of the Tier 1 retirement plan: (a) An individual who first becomes a judge or state official on or after March 31, 1997. (b) An individual who elects to terminate membership und…

Mich. Comp. Laws § 38.2402 Retirement board; determining service credits; forfeiture; reinstatement; service credit for limited period or specific assignment.

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Sec. 402. (1) The retirement board shall credit each member with the number of years and months of service for which the member performed service as a judge or state official. The retirement board shall credit service for the month in which the member's retirement becomes effecti…

Mich. Comp. Laws § 38.2403 Election to purchase other public service credit; request; documentation; payment of actuarial cost; basis for calculating service credit.

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Sec. 403. (1) A member who has 4 or more years of membership service may elect to purchase service credit for other public service by filing a request with the retirement system. The member shall provide documentation of the other public service and shall pay into the reserve for…

Mich. Comp. Laws § 38.2404 Election to purchase active duty service credit; request; documentation; payment to reserve; basis for calculating service credit.

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Sec. 404. (1) A member who has 12 or more years of credited service may elect to purchase not more than 2 years of service credit for active duty by filing a request with the retirement system. The member shall provide documentation of the active duty and shall pay into the reser…

Mich. Comp. Laws § 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.

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Sec. 405. (1) Except as otherwise provided in this act, if a person ceases to be a member before satisfying the age and service requirements for a retirement allowance under section 501 or 501b, the retirement system shall pay to the person his or her accumulated contributions up…

Mich. Comp. Laws § 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.

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Sec. 406. (1) If a retirant 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, the retirement system shall continue payment of his or her retirement al…

Mich. Comp. Laws § 38.2501 Retirement allowance; requirements; application; form; retirement date; beginning payment.

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Sec. 501. (1) A member or vested former member who has 4 or more years of membership service and who meets 1 or more of the following requirements, except as otherwise provided in this subsection, is entitled to a retirement allowance computed under section 503: (a) The member or…

Mich. Comp. Laws § 38.2501a Early retirement benefits act; system subject to regulation.

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Sec. 501a. This retirement system is subject to the regulation of early retirement benefits act.

Mich. Comp. Laws § 38.2502 Vested former member; entitlement to deferred vested service retirement allowance; forfeiture.

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Sec. 502. A member who leaves office for a reason other than the member's retirement or death, who does not withdraw accumulated contributions, and who satisfies the service or term of office requirements of section 501(1) is a vested former member. Subject to section 501, a vest…

Mich. Comp. Laws § 38.2503 Member or vested former member; payment of straight life retirement allowance; calculation; payment for lifetime of retirant; election of optional retirement allowance.

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Sec. 503. (1) Upon retirement as provided in this act, the retirement system shall pay to the member or vested former member a straight life retirement allowance computed under subsection (2). If the member retires under the provisions of section 501(1)(d), the retirement system …

Mich. Comp. Laws § 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.

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Sec. 504. (1) Except as otherwise provided in this subsection, a judge who is a plan 3 member shall convert $2,250.00 of the state salary standardization payment annually prescribed by law for any state fiscal year beginning after September 30, 1981 as an addition to the judge's …