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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

95 sections·Filtered byTitle 38✕Ch 261-of-1957✕

Mich. Comp. Laws § 38.1040 Board of trustees; record of proceedings; individual accounts; actuarial data.
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Sec. 40. The board shall keep a permanent record of all proceedings of the board, a separate account for each individual member and such additional data as shall be specified by the actuary as being necessary for required calculations and valuations.
Mich. Comp. Laws § 38.1041 Board of trustees; audit of accounts; annual statement.
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Sec. 41. The board shall have the accounts of the system audited at least biennially by the auditor general and submit an annual statement to the governor and legislature as soon as possible after the end of each fiscal year.
Mich. Comp. Laws § 38.1042 Acceptance of gift, grant, or bequest by board.
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Sec. 42. The board may accept any gift, grant, or bequest of any money or securities for the purposes designated by the grantor.
Mich. Comp. Laws § 38.1043 Individual statement.
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Sec. 43. The board shall submit an individual statement to a member, deferred vested member, or retirant upon reasonable request. The statement shall indicate the amount of accumulations to the credit of the member, deferred vested member, or retirant as of the latest date practi…

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Mich. Comp. Laws § 38.1044 Rules and bylaws.

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Sec. 44. The board shall adopt rules and bylaws necessary for the efficient administration of the system.

Mich. Comp. Laws § 38.1045 Secretary of board; powers and duties.

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Sec. 45. The secretary of the board shall be in charge of the administration of the detailed affairs of the retirement system and, in addition to the other powers and duties as are properly delegated by the board, shall: (a) Collect and record the receipt of all payments to the r…

Mich. Comp. Laws § 38.1046 Actuary; technical advisor of board, powers and duties.

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Sec. 46. The actuary shall be the technical advisor of the board and, in addition to supplying general information on technical matters, shall: 1. Make an investigation during the fourth year of operation of the system, and at least once every 5 years thereafter of the mortality,…

Mich. Comp. Laws § 38.1047 State treasurer as ex officio treasurer of retirement system; duties.

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Sec. 47. The state treasurer shall be ex officio the treasurer of the retirement system and shall: (a) Act as official custodian of the cash and securities belonging to the retirement system and provide adequate safe deposit facilities for the preservation of the securities and h…

Mich. Comp. Laws § 38.1048 Warrants.

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Sec. 48. The accounting division of the department of management and budget is authorized and directed to draw warrants upon the state treasurer payable from the funds of this system for purposes provided for in this act upon the presentation of vouchers approved by the secretary…

Mich. Comp. Laws § 38.1049 Payroll voucher.

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Sec. 49. (1) All payroll vouchers covering payments of salary to members for their services shall indicate all of the following: (a) The amount of member contributions which are to be deducted from the salary of each member included in the payroll vouchers. (b) The net amount pay…

Mich. Comp. Laws § 38.1050 Investment and reinvestment of cash assets; nonapplicability to Tier 2.

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Sec. 50. The cash assets of the retirement system in excess of the amount required for current operations shall be invested and reinvested by the board in the manner provided by Act No. 314 of the Public Acts of 1965, being sections 38.1132 to 38.1140i of the Michigan Compiled La…

Mich. Comp. Laws § 38.1050a Grants and insurance revolving fund; creation; purpose; expenditures; payments to fund by payroll deductions; purchase and payment of premiums on life insurance policies.

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Sec. 50a. (1) The grants and insurance revolving fund is created in the state treasury as a separate fund, into which shall be paid legislative grants, earnings from the fund, payments by or on behalf of members, and revenue from other sources accepted by the board. Money appropr…

Mich. Comp. Laws § 38.1050b Hospitalization, medical, dental, and vision coverage; purchase; payment of premiums; manner.

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Sec. 50b. (1) For a retirant or a survivor or beneficiary of a deceased retirant, or for a deferred vested member if that deferred vested member first became a member on or before January 1, 1995, the retirement system shall purchase and pay the premium for hospitalization and me…

Mich. Comp. Laws § 38.1051 Investment of retirement system funds; ownership by system; registration; recording; nonapplicability to Tier 2.

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Sec. 51. The retirement board shall clearly mark all investments to indicate ownership by the system and, to the extent possible, shall register all investments in the name of the system. The retirement board shall record all investments pursuant to generally accepted accounting …

Mich. Comp. Laws § 38.1052 Board of trustees and employees; interest in investments prohibited; violation of section, penalty.

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Sec. 52. Except as otherwise herein provided, no trustee and no employee of the board shall have any direct interest in the income gains or profits of any investments made by the board, nor shall any such person receive any pay or emolument for services in connection with any inv…

Mich. Comp. Laws § 38.1053 Vested interest in refunds; payment of member contributions; discharge of claims.

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Sec. 53. (1) Each member shall, by virtue of the payment of the member contributions required to be paid to the retirement system, receive a vested interest in the refunds provided in section 55, and each member in consideration of the vested interest shall be considered to have …

Mich. Comp. Laws § 38.1054 Payments as obligations of state; disposition of revenues.

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Sec. 54. (1) It is the intention of the legislature that the payment of the required state contributions, all benefits granted under this system, and all expenses in connection with the administration and operation of the retirement system are made obligations of the state. (2) A…

Mich. Comp. Laws § 38.1055 Refund of contributions with interest; request; forfeiture; service credit upon resumption of membership; designation of beneficiary; payment of contributions with interest.

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Sec. 55. (1) A member who does not meet the requirement of section 23(1)(a) upon leaving service, or a deferred vested member who is no longer a member, upon written request, shall receive, with interest at 4% compounded annually, a refund of all of his or her contributions stand…

Mich. Comp. Laws § 38.1056 Undivided interest in assets of system.

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Sec. 56. The assets of the system shall be invested as one fund, and no particular person, group of persons or entity shall have any right in any specific security or property, or in any item of cash other than an undivided interest in the whole as specified in the provisions of …

Mich. Comp. Laws § 38.1057 Retirement allowances, benefits, and credits not subject to taxation; subject to taxation beginning January 1, 2012; subject to public employee retirement benefit protection act.

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Sec. 57. (1) Except as otherwise provided in this section, all retirement allowances and other benefits payable under this act and all accumulated credits of members, deferred vested members, and retirants in this retirement system are not subject to taxation by this state or any…

Mich. Comp. Laws § 38.1058 Retirement system records; falsification, penalty.

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Sec. 58. Any person who knowingly makes any false statement, or falsifies or permits to be falsified any record of this system, in any attempt to defraud the system, shall be guilty of a misdemeanor.

Mich. Comp. Laws § 38.1058a Correction of error; adjustment of payment.

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Sec. 58a. 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 § 38.1059 Payment of benefits; commencement.

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Sec. 59. No payments of benefits shall be made until on or after the first day of January, 1959.

Mich. Comp. Laws § 38.1059a Retirement system as qualified pension plan; administrative requirements and benefit limitations; qualified military service.

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Sec. 59a. (1) This section is enacted pursuant to section 401(a) of the internal revenue code, 26 USC 401, that imposes certain administrative requirements and benefit limitations for qualified governmental plans. This state intends that the retirement system be a qualified pensi…

Mich. Comp. Laws § 38.1060 Short title.

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Sec. 60. This act shall be known and may be cited as the "Michigan legislative retirement system act".

Mich. Comp. Laws § 38.1061 Election to terminate membership in Tier 1 and become qualified participant in Tier 2; election by deferred vested member or former nonvested member; election as irrevocable; rights and duties; method of election; signature of spouse; waiver; election subject to eligible domestic relations order; notice of disqualification for tax purposes.

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Sec. 61. (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 ir…

Mich. Comp. Laws § 38.1062 Election to terminate membership in retirement system under MCL 38.1061(1) and (2); transfer of lump sum amount; recomputation; calculation; basis; utilization of actuarial valuation report; notification of disqualification for tax purposes.

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Sec. 62. (1) For a member who elects to terminate membership in Tier 1 under section 61(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 or…

Mich. Comp. Laws § 38.1063 Calculation of accrued cost savings; submission of total amount in executive budget to legislature; appropriation.

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Sec. 63. After consulting the retirement system's actuary, the board shall calculate for each fiscal year any cost savings that have accrued to this state as a result of the implementation of 1996 PA 486 over the costs that would have been incurred by this state to fund this reti…

Mich. Comp. Laws § 38.1064 Meanings of words and phrases; “accumulated balance” defined.

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Sec. 64. (1) For the purposes of this section and sections 65 to 80, the words and phrases defined in this section and sections 65 to 80 have the meanings ascribed to them in those sections. (2) "Accumulated balance" means the total balance in a qualified participant's, former qu…

Mich. Comp. Laws § 38.1065 “Employer,”“former qualified participant,” and “health benefit dependent” defined.

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Sec. 65. (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 fo…

Mich. Comp. Laws § 38.1066 “Qualified participant,”“refund beneficiary,” and “state treasurer” defined.

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Sec. 66. (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 legislator or lieutenant governor on or after March 31, 1997, and who before March 31, 1997 would have been…

Mich. Comp. Laws § 38.1067 Administration and investment of Tier 2 by state treasurer; state treasurer as fiduciary and trustee; appointment of advisory board; determination of provisions and procedures; authority and responsibility of state treasurer to employ or contract with employees or for services.

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Sec. 67. (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 fiducia…

Mich. Comp. Laws § 38.1068 Hearing.

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Sec. 68. (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 condu…

Mich. Comp. Laws § 38.1069 Accumulated employer and employee contributions and earnings; direction of investment; limitations inapplicable to Tier 2.

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Sec. 69. 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 provide…

Mich. Comp. Laws § 38.1070 Tier 2; payment of administrative expenses.

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Sec. 70. 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 § 38.1071 Participation in other public sector retirement benefits plan.

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Sec. 71. A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer. Except as otherwise provided in this act or by the state treasurer, this section does not prohibit a qu…

Mich. Comp. Laws § 38.1072 Individual becoming legislator or lieutenant governor on or after March 31, 1997; notice of election.

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Sec. 72. An individual who first becomes a legislator or lieutenant governor 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 w…

Mich. Comp. Laws § 38.1073 Election to terminate membership in Tier 1; crediting Tier 2 account; charging Tier 2 account for excess transfers.

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Sec. 73. (1) The state treasurer shall promptly credit the Tier 2 account of a qualified participant who makes an election under section 61 to terminate membership in Tier 1 with any amount transferred from Tier 1 pursuant to section 62. (2) Not later than 30 days after receipt o…

Mich. Comp. Laws § 38.1074 Section subject to vesting requirements; Tier 2 contributions by employer and qualified participant; limitations.

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Sec. 74. (1) This section is subject to the vesting requirements of section 75. (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) A qualified participant may pe…

Mich. Comp. Laws § 38.1075 Tier 2; vesting requirements and schedule; health care coverage; vesting requirements.

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Sec. 75. (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 § 38.1076 Crediting years of accrued service.

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Sec. 76. 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 61, shall be credited with the years of service accrued under Tier 1 on the effective date of partici…

Mich. Comp. Laws § 38.1077 Refund beneficiary; nomination.

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Sec. 77. 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 § 38.1078 Distribution of accumulated balance.

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Sec. 78. (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 deceas…

Mich. Comp. Laws § 38.1079 Health insurance coverage; election; eligibility.

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Sec. 79. (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 75(2). (b) The former qu…

Mich. Comp. Laws § 38.1080 Distributions; exemption from tax; subject to public employee retirement benefit protection act; right of setoff to recover overpayment and satisfy claims; correction of errors in records and actions.

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Sec. 80. (1) Distributions from employer contributions made pursuant to section 74(2) and (3) and earnings on those employer contributions, and distributions from employee contributions made pursuant to section 74(3) and earnings on those employee contributions, are exempt from a…