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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 § 38.1001 Retirement system; creation.
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Sec. 1. A retirement system to establish a means of providing retirement allowances, survivors' allowances, and other benefits for members and their survivors and other beneficiaries, is created.
Mich. Comp. Laws § 38.1002 Michigan legislative retirement system; name.
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Sec. 2. The retirement system created by section 1 shall be known as the "Michigan legislative retirement system" and all affairs and business of the system shall be transacted in such name.
Mich. Comp. Laws § 38.1003 Construction of terms.
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Sec. 3. For the purposes of this act the words specified in any section or sections shall have the meanings set forth in such section or sections, unless different meanings are plainly indicated by their context.
Mich. Comp. Laws § 38.1004 “Retirement system” defined.
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Sec. 4. "Retirement system" means the Michigan legislative retirement system.

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Mich. Comp. Laws § 38.1005 Board; definition.

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Sec. 5. "Board" means the board of trustees of the system.

Mich. Comp. Laws § 38.1006 “Member” defined.

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Sec. 6. (1) Except as otherwise provided in subsection (2), "member" means any of the following: (a) A legislator of this state. (b) The secretary of the senate who served not less than 6 months before January 1, 1979, and for not less than 3 months after January 1, 1979. (c) The…

Mich. Comp. Laws § 38.1007a “Direct rollover” and “distributee” defined.

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Sec. 7a. (1) "Direct rollover" means a payment by the retirement system to the eligible retirement plan specified by the distributee. (2) "Distributee" includes a member or deferred vested member. Distributee also includes the member's or deferred vested member's surviving spouse…

Mich. Comp. Laws § 38.1008a Definitions.

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Sec. 8a. (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 retir…

Mich. Comp. Laws § 38.1009 “Salary” defined.

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Sec. 9. (1) "Salary" means the compensation, common to all legislators, exclusive of travel allowance, paid by the state for 1 year of service as a legislator. A member shall contribute to the retirement system based on the percentage applied to that salary. (2) For purposes of s…

Mich. Comp. Laws § 38.1011 “Service” defined; election to receive military service credit; effect of membership in retirement system.

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Sec. 11. (1) "Service" means the period beginning on January 1 of the year in which the member took office or on the date of the oath of office in the case of a special election, and ending on December 31 of the term to which the member was elected; on the date of termination of …

Mich. Comp. Laws § 38.1012 “Retirement allowance” defined.

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Sec. 12. "Retirement allowance" means a series of equal monthly payments payable at the end of each calendar month to a person while he or she is a retirant. The first payment shall be prorated for any fraction of a month from the date of retirement to the end of the first month,…

Mich. Comp. Laws § 38.1013 “Retirant” defined.

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Sec. 13. "Retirant" means a person receiving an annual retirement allowance from the retirement system.

Mich. Comp. Laws § 38.1013a “Survivor,”“eligible child,” and “surviving spouse” defined.

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Sec. 13a. (1) "Survivor" means the eligible surviving spouse or eligible child or children of a member, deferred vested member, or retirant. (2) "Eligible child" means an unmarried child of a member, deferred vested member, or retirant who is: (a) Under 18 years of age. (b) Over …

Mich. Comp. Laws § 38.1014 “Refund beneficiary” defined.

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Sec. 14. "Refund beneficiary" means the 1 or more persons named by a member, deferred vested member, or retirant in writing and filed in the office of the retirement system to receive any refund of a member, deferred vested member, or retirant's contributions upon his or her deat…

Mich. Comp. Laws § 38.1015 Actuarial tables; definition.

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Sec. 15. "Actuarial tables" means such tables as are from time to time adopted by the board for computing allowances based upon the experience of the system as recommended by the actuary.

Mich. Comp. Laws § 38.1016 Prescribed rate of interest; definition.

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Sec. 16. "Prescribed rate of interest" means such rate or rates as shall from time to time be prescribed by the board.

Mich. Comp. Laws § 38.1017 “Fiscal year” defined.

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Sec. 17. "Fiscal year" means the fiscal year of the state as described in section 1 of Act No. 116 of the Public Acts of 1887, as amended, being section 21.91 of the Michigan Compiled Laws.

Mich. Comp. Laws § 38.1017a “Deferred vested member” defined.

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Sec. 17a. "Deferred vested member" means a member who left the legislature having satisfied the requirements of section 23(1)(a), but without having attained 55 years of age.

Mich. Comp. Laws § 38.1017b “Leadership position” defined.

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Sec. 17b. "Leadership position" means a position held by a member of the legislature who, in addition to salary common to all legislators, receives supplemental salary attributable to holding that position as determined by the state officers compensation commission under section …

Mich. Comp. Laws § 38.1017c “Legislator” defined.

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Sec. 17c. "Legislator" means a person duly elected and serving in the Michigan house of representatives or the Michigan senate.

Mich. Comp. Laws § 38.1017d “Tier 1” and “Tier 2” defined.

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Sec. 17d. (1) "Tier 1" means the retirement plan available under this act to a member who first became a legislator or lieutenant governor 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 …

Mich. Comp. Laws § 38.1018 Legislator or lieutenant governor; membership in retirement system; notice of election not to participate; refund of contributions; effect of notice; rescission of notice; contributions and interest; eligibility on or after March 31, 1997.

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Sec. 18. (1) Except as otherwise provided in section 23b, a person who first becomes a legislator or lieutenant governor before March 31, 1997 shall become a member in and be subject to the Tier 1 retirement system beginning upon the date the person becomes a legislator or lieute…

Mich. Comp. Laws § 38.1020 Members' retirement fund; creation; purpose; computing retirement reserves for retirement allowances; financing; state's appropriations for current service, accrued service, and retirement allowances; allocation of employer contributions.

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Sec. 20. (1) The members' retirement fund is created. The fund shall accumulate reserves for the payment of retirement allowances to retired members and deferred vested members as provided in this act. Upon the basis of mortality and other experience tables, and the prescribed ra…

Mich. Comp. Laws § 38.1021 Members' savings fund; creation; purpose; contributions; rate; additional contributions; payroll deductions; transfer of contributions upon retirement or death.

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Sec. 21. (1) The members' savings fund is created in the retirement system. The retirement system shall accumulate in the members' savings fund the contributions made by members toward the financing of their retirement allowances, shall make transfers of those contributions from …

Mich. Comp. Laws § 38.1021a Member contributions picked up by state.

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Sec. 21a. The state shall pick up the member contributions required by sections 21, 22, 22c, and 50a for all compensation earned after December 31, 1986. Contributions picked up shall be treated as employer contributions in determining tax treatment under the internal revenue cod…

Mich. Comp. Laws § 38.1022 Survivors' retirement fund; creation; purpose; contributions; rate; payroll deductions; computing retirement reserves for retirement allowances; financing; state's appropriations for survivors' retirement allowances.

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Sec. 22. (1) The survivors' retirement fund is created in the retirement system. The retirement system shall accumulate in the survivors' retirement fund reserves for the payment of retirement allowances to survivors. The retirement system shall pay the survivor retirement allowa…

Mich. Comp. Laws § 38.1022a Income fund; creation; purpose; interest, dividends, and other income; expenses.

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Sec. 22a. (1) An income fund is created in the retirement system. The retirement system shall credit to the income fund all interest, dividends, and other income from the investment of retirement system assets and all other money for which there is no specific disposition provide…

Mich. Comp. Laws § 38.1022b Prorating and allocating annual appropriations to retirement system.

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Sec. 22b. Annual appropriations of the state made pursuant to this act shall be prorated and allocated to the retirement system not less than quarterly. Payment of the amount allocated for each quarter shall be made not later than the forty-fifth day following the beginning of th…

Mich. Comp. Laws § 38.1022c Health insurance fund; creation; disposition; disbursement; contributions; payroll deductions; nonrefundable.

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Sec. 22c. (1) The health insurance fund is created in the retirement system. The retirement system shall deposit into the health insurance fund the member contributions for health benefits required by this section, subscriber co-payments, payments under section 79, regular intere…

Mich. Comp. Laws § 38.1023 Requirements for entitlement to retirement allowance; right to allowance; amount; recalculation of retirement allowance; election to defer receipt of retirement allowance; computation of retirement allowance; longevity allowance.

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Sec. 23. (1) A member or deferred vested member who meets the following requirements shall be entitled to a retirement allowance: (a) The member or deferred vested member qualifies under 1 of the following: (i) Has not less than 8 years of service. (ii) Has not less than 6 years …

Mich. Comp. Laws § 38.1023b Retirant or deferred vested member again becoming legislator or lieutenant governor; election to again become member; notice; conditions; nonpayment of retirement allowance; declining to again become member; exception.

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Sec. 23b. (1) Notwithstanding section 18 and except as otherwise provided in subsection (4), if a retirant or a deferred vested member again becomes a legislator or lieutenant governor, the retirant or deferred vested member shall not again become a member unless within 30 days f…

Mich. Comp. Laws § 38.1023c Increase of retirement allowance.

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Sec. 23c. (1) After December 31, 1986, on January 1 of each year a retirement allowance attributable to a member who first becomes a member on or before January 1, 1995, shall be increased 4% compounded annually. (2) Beginning January 1, 1995, each retirement allowance attributab…

Mich. Comp. Laws § 38.1023d Disabled member; retirement allowance; annual examination.

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Sec. 23d. (1) A member who meets the service requirements of section 23(1)(a) but not the age requirements of section 23(1)(b), a member who does not meet the requirements of section 23(10)(b), or a deferred vested member may receive a retirement allowance if the board has receiv…

Mich. Comp. Laws § 38.1023e Supplemental payments for retirants or retirement allowance beneficiaries with retirement allowance effective date before January 1, 1979; future adjustments.

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Sec. 23e. (1) Effective January 1, 1988, but before any of the increases provided by section 23c on or before January 1, 1988 are included, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary and determined upon the date of retirement of the…

Mich. Comp. Laws § 38.1024 Survivor's retirement allowance; eligibility; duration, commencement, and rate; status of adopted child; payments to eligible child; effect of marriage or attainment of ineligible age; payment of survivor's retirement allowance as provided in written designation; division of survivor's retirement allowance among eligible survivors; receipt of entire survivor's retirement allowance by surviving spouse when eligible children become ineligible.

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Sec. 24. (1) Unless otherwise provided by the member pursuant to this act, the surviving spouse of a deceased member, deferred vested member, or retirant having the service qualifications required by section 23 shall be entitled to receive a survivor's retirement allowance for li…

Mich. Comp. Laws § 38.1024a Remarriage of surviving spouse.

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Sec. 24a. The remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive a survivor's retirement allowance described in section 24. A surviving spouse whose survivor's retirement allowance described in section 24 was terminated due to the survivi…

Mich. Comp. Laws § 38.1025 Retirement system as trust; board as fiduciary; nonapplicability to Tier 2 retirement plan.

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Sec. 25. (1) The retirement system shall be construed to be a trust, separate from all other entities, maintained for the purpose of securing payment of benefits to the members, deferred vested members, retirants, and their survivors and beneficiaries as provided in this act. (2)…

Mich. Comp. Laws § 38.1026 Retirement system; board of trustees; membership; eligibility and terms; oath of office.

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Sec. 26. (1) The retirement system shall be administered by a board of trustees, consisting of 11 persons as follows: (a) Two members of the house of representatives appointed by the speaker of the house of representatives. (b) Two members of the senate, appointed in the same man…

Mich. Comp. Laws § 38.1027 First board of trustees; organizational meeting, election of officers.

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Sec. 27. The first board shall meet as soon as practicable after the enactment of this act, at Lansing, Michigan, for the purpose of organizing this system and shall, at that meeting, elect a chairman and a vice-chairman.

Mich. Comp. Laws § 38.1028 Vacancy in trusteeship.

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Sec. 28. Beginning January 1, 2012, a vacancy in a trusteeship shall be filled as provided in the bylaws.

Mich. Comp. Laws § 38.1029 Trustees; compensation and expenses.

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Sec. 29. Trustees shall serve without compensation but shall be reimbursed for any reasonable traveling expenses incurred in attending meetings of the board.

Mich. Comp. Laws § 38.1030 Board of trustees; quorum, proxy.

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Sec. 30. Each trustee is entitled to 1 vote on any action of the board and at least 6 concurring votes are necessary for any action by the board at a meeting. A decision or action shall not become effective, unless presented and so approved by the action of the board. A trustee s…

Mich. Comp. Laws § 38.1031 Board of trustees; powers and duties.

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Sec. 31. The board shall, in addition to all other powers and duties arising out of this act and not otherwise specifically reserved or delegated to others, have the powers and duties designated in sections 32 to 44, inclusive, of this act.

Mich. Comp. Laws § 38.1032 Board of trustees; regular and special meetings; conducting business at public meeting; notice of meeting.

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Sec. 32. The board shall hold regular meetings at least quarterly each year and special meetings when considered necessary by the chairperson of the board. Meetings of the board shall be held in the office of the board. The business which the board may perform shall be conducted …

Mich. Comp. Laws § 38.1033 Board of trustees; authority as to retirement allowances, suspensions and refunds.

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Sec. 33. The board shall consider and pass on all applications for retirement allowances and refunds, authorize the granting of all retirement allowances and refunds and suspend any payment or payments, all in accordance with the provisions of this act.

Mich. Comp. Laws § 38.1034 Board of trustees; certification of prescribed interest rate; adoption of actuarial tables.

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Sec. 34. The board shall certify in the records of the board the prescribed interest rate, and adopt all necessary actuarial tables in accordance with certifications of the actuary.

Mich. Comp. Laws § 38.1035 Board of trustees; estimate of appropriation.

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Sec. 35. The board shall submit to the governor on or before November first of each year an estimate of the amount of appropriation required for the purpose of the system for the next fiscal year.

Mich. Comp. Laws § 38.1036a Reinstatement of suspended contributions.

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Sec. 36a. If the actuary determines in his or her annual valuation of the system that the system is less than 100% funded, the retirement board may reinstate the member contributions that were suspended in sections 21, 22, and 50a and reduce the member contributions that were inc…

Mich. Comp. Laws § 38.1038 Board of trustees; offices; books and records; availability of certain writings to public.

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Sec. 38. The board shall establish an office or offices which provide suitable space for the meetings of the board and for the necessary administrative personnel. All books and records shall be kept in those offices. A writing prepared, owned, used, in the possession of, or retai…

Mich. Comp. Laws § 38.1039 Board of trustees; appointment of secretary and administrative personnel.

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Sec. 39. The board shall appoint a secretary and employ such other actuarial, medical, clerical or other help as shall from time to time be required for the efficient administration of the system and determine and fix the rate of pay of such persons.