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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

114 sections·Filtered byTitle 38✕Ch 300-of-1980✕

Mich. Comp. Laws § 38.1301 Short title.
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Sec. 1. This act shall be known and may be cited as "the public school employees retirement act of 1979".
Mich. Comp. Laws § 38.1302 Meanings of words and phrases.
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Sec. 2. For the purposes of this act, the words and phrases defined in sections 3 to 8 have the meanings ascribed to them in those sections.
Mich. Comp. Laws § 38.1303 Definitions; A.
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Sec. 3. (1) "Accumulated contributions" means 1 or more of the following: (a) The amounts credited to a member's individual subaccount in the reserve for employee contributions plus regular interest on those amounts. (b) The amounts credited to a member's individual subaccount in…
Mich. Comp. Laws § 38.1303a “Compensation” explained.
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Sec. 3a. (1) Except as otherwise provided in this act, "compensation" means the remuneration earned by a member for service performed as a public school employee. (2) Compensation includes salary and wages and all of the following: (a) Remuneration earned for all services perform…

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Mich. Comp. Laws § 38.1304 Definitions; C to M.

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Sec. 4. (1) "Compound interest" means interest compounded annually on July 1 on the contributions on account as of the previous July 1 and computed at the rate of investment return determined under section 104a(1) for the last completed state fiscal year. (2) "Contributory servic…

Mich. Comp. Laws § 38.1305 Definitions; M, N.

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Sec. 5. (1) "Member" means a public school employee, except that member does not include any of the following: (a) An individual enrolled in a neighborhood youth corps program operated with funds from the federal office of economic opportunity or an individual enrolled in a compa…

Mich. Comp. Laws § 38.1306 Definitions; O, P.

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Sec. 6. (1) "Original member" means a member employed in Michigan public schools before July 1, 1945. (2) "Out of system public education service" means service performed in public education meeting 1 or more of the following requirements: (a) Performed in other states in the Uni…

Mich. Comp. Laws § 38.1307 Definitions; R.

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Sec. 7. (1) "Refund beneficiary" means 1 or more persons whom the member or former member nominates in writing and files with the retirement system for the purpose of being paid accumulated contributions in the event of the death of the member or former member. If a valid nominat…

Mich. Comp. Laws § 38.1308 Definitions; S, T.

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Sec. 8. (1) "Service" means personal service performed as a public school employee or creditable under this act. (2) "Simple interest" means interest at 1 or more rates per annum determined by the retirement board. (3) "State of Michigan service" means service performed as a stat…

Mich. Comp. Laws § 38.1309 Calculating member's final average compensation; effective date of section.

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Sec. 9. (1) The definition of final average compensation under section 4 as that section existed prior to Act No. 91 of the Public Acts of 1985 shall be used to calculate a member's final average compensation if it produces a higher result than the amount calculated pursuant to e…

Mich. Comp. Laws § 38.1321 Public school employees' retirement system; creation.

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Sec. 21. A Michigan public school employees' retirement system is created for the public school employees of this state.

Mich. Comp. Laws § 38.1322 Public school employees' retirement board; creation; appointment, qualifications, and terms of members; vacancy.

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Sec. 22. (1) The Michigan public school employees' retirement board is created in the department and shall consist of the superintendent of public instruction and 11 members appointed by the governor with the advice and consent of the senate as follows: (a) Two members who are wo…

Mich. Comp. Laws § 38.1323 Retirement board; oath; conducting business at public meeting; notice of meeting; quorum; failure to attend scheduled meetings; availability of writings to public.

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Sec. 23. (1) A member of the retirement board, upon appointment, shall take an oath of office, which shall be filed immediately in the office of the secretary of state. (2) The business which the retirement board may perform shall be conducted at a public meeting of the retiremen…

Mich. Comp. Laws § 38.1324 Retirement board; compensation and expenses.

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Sec. 24. The per diem compensation of the retirement board and the schedule for reimbursement of expenses incurred in attending meetings of the retirement board and in performing the required services of the members shall be established annually by the legislature.

Mich. Comp. Laws § 38.1325 Retirement board; rights, authority, and discretion; rules; limitation; study period; information to be provided to certain universities.

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Sec. 25. (1) The board shall have only the rights, authority, and discretion in the proper discharge of its duties provided in this act and former 1945 PA 136. (2) The retirement board may promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24…

Mich. Comp. Laws § 38.1326 State treasurer as treasurer of retirement system; investment authority; fiduciary responsibility; disposition of funds.

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Sec. 26. (1) This section does not apply to Tier 2. (2) The state treasurer shall be treasurer of the retirement system and shall have investment authority, including the custodianship of the funds of the retirement system, and shall have fiduciary responsibility with regard to t…

Mich. Comp. Laws § 38.1327 Warrants.

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Sec. 27. The retirement system shall draw its warrants upon the state treasurer, payable out of reserves of the retirement system, for the payment of retirement allowances, the refund of accumulated contributions as provided in this act, and the payment of salaries and other expe…

Mich. Comp. Laws § 38.1328 Summary of fiscal transactions; contents; description of retirement benefits; information to be posted on internet website and sent via electronic mail; database.

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Sec. 28. (1) By April 15 of each year, the department shall furnish to the governor, the legislature, each retirement allowance recipient, and each member a summary of the fiscal transactions of the retirement system for the last completed fiscal year. The summary shall contain a…

Mich. Comp. Laws § 38.1329 Reserve for employee contributions; individual subaccounts; refund, payment, or transfer of accumulated contributions.

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Sec. 29. The reserve for employee contributions is the account in which member contributions made under the contributory retirement plan and other member payments as provided by statute shall be accumulated. The retirement board shall provide for the maintenance of an individual …

Mich. Comp. Laws § 38.1330 Reserve for employer contributions.

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Sec. 30. The reserve for employer contributions is the account to which reporting unit payments, except payments for health benefits are credited.

Mich. Comp. Laws § 38.1331 Reserve for administrative expenses.

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Sec. 31. The reserve for administrative expenses is the account from which the expenses of the administration of the retirement system, exclusive of amounts payable as retirement allowances and other benefits provided in this act, shall be paid. An amount determined necessary by …

Mich. Comp. Laws § 38.1332 General fund.

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Sec. 32. The retirement board may establish a general fund. Revenue not clearly payable to other funds shall be deposited in the general fund. Disbursements from this fund shall be made as authorized by the retirement board.

Mich. Comp. Laws § 38.1333 Reserve for member investment plan; remittance of member contributions; individual subaccounts; refund, payment, or transfer of accumulated contributions.

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Sec. 33. The reserve for member investment plan is the account into which are remitted member contributions as provided in section 43a. The retirement board shall provide for the maintenance of an individual subaccount for each member showing the amount of the member's contributi…

Mich. Comp. Laws § 38.1334 Reserve for health benefits; payments; health advance; funding subaccount; transfer to reserve for employer contributions; conditions.

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Sec. 34. (1) The reserve for health benefits is the account to which payments of reporting units for health benefits are credited. Benefits payable pursuant to section 91 shall be paid from the reserve for health benefits. The assets and any earnings on the assets contained in th…

Mich. Comp. Laws § 38.1335 Reserve for retired benefit payments.

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Sec. 35. The reserve for retired benefit payments is the account from which all retirement allowances and refunds pursuant to section 85(6) shall be paid. After receipt of each annual actuarial valuation as provided in section 41, the balance in the reserve for retired benefit pa…

Mich. Comp. Laws § 38.1336 Reserve for undistributed investment income; pension stabilization subaccount.

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Sec. 36. (1) Except as otherwise provided in this section, the reserve for undistributed investment income is the account to which all income from the investment of assets, all gifts and bequests received by the retirement system, and all other money received by the retirement sy…

Mich. Comp. Laws § 38.1341 Determining annual level percentage of payroll contribution rates; factors; unfunded actuarial accrued liability contribution rate; computation and certification of sum due and payable; payment; certification of actual aggregate compensation; adjustment; evidence of correctness; audit; duties of reporting unit; submission of difference occurring in certain fiscal years; interest rate; reassignment of assets; rate of investment return; basis of asset valuation; use of salary increase assumption; deposit to health advance funding subaccount; allocations from employer contributions; experience investigation study; risk assumptions; report; pension and retiree health care payroll growth assumption rate; "university reporting unit" defined.

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Sec. 41. (1) The annual level percentage of payroll contribution rates to finance benefits being provided and to be provided by the retirement system must be determined by actuarial valuation under subsection (2) on the basis of the risk assumptions that the retirement board and …

Mich. Comp. Laws § 38.1341a Separate contribution rate; unfunded accrued liability; "university reporting unit" defined.

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Sec. 41a. (1) For fiscal years that begin after March 27, 1996, the retirement system shall determine a separate contribution rate for a university reporting unit. Subject to this subsection, the retirement system shall determine the separate contribution rate in the manner presc…

Mich. Comp. Laws § 38.1341b Employees as members on or after July 1, 2010 and before February 1, 2018; determination of separate contribution rate for members on or after February 1, 2018; contributions; individuals performing services for entity not participating in retirement system; conditions.

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Sec. 41b. (1) Beginning July 1, 2010, the retirement system may determine a separate employer contribution rate for members who first became members on or after July 1, 2010 and before February 1, 2018. Except as provided in this section, the retirement system shall determine the…

Mich. Comp. Laws § 38.1342 Reporting unit contribution; exclusive obligation; contributions picked up by employer; deduction of Social Security contributions; agreement of member; forwarding retirement contributions; report; failure to submit report or contributions; late fee; intentional error or omission; withholding payment of state funds for noncompliance; exception for community or junior college student employee; "intentional" defined.

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Sec. 42. (1) Beginning with the state fiscal year ending September 30, 1995 and subject to section 41b, a reporting unit shall contribute the entire amount determined under section 41 to the reserve for employer contributions and to the reserve for health benefits. The reporting …

Mich. Comp. Laws § 38.1342a Community or junior college reporting units; report; office of retirement services; report requirements.

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Sec. 42a. (1) By August 31, 2018, each reporting unit that is a tax supported community or junior college shall submit a report to the office of retirement services with the information necessary for the retirement system to complete the report under subsection (2), as determined…

Mich. Comp. Laws § 38.1343 Percentage paid for participants in optional retirement program.

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Sec. 43. The percentage of aggregate annual compensation to be paid for employees who participate in the optional retirement program under the optional retirement act of 1967, Act No. 156 of the Public Acts of 1967, as amended, being sections 38.381 to 38.388 of the Michigan Comp…

Mich. Comp. Laws § 38.1343a Contributions of member to member investment plan; deduction and remittance as employer contributions; benefits; amount of contribution; amounts; percentage; member on or before February 1, 2018.

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Sec. 43a. (1) The contributions of a member who contributes to the member investment plan must be deducted by the employer and remitted as employer contributions to the retirement system pursuant to section 42. A member who contributes to the member investment plan is entitled to…

Mich. Comp. Laws § 38.1343b Eligibility requirements; exceptions.

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Sec. 43b. A member who contributes to the member investment plan shall have the eligibility requirements of section 81 except as follows: (a) The age 55 requirement of section 81(1)(a) shall not apply. (b) The 10 years of credited service requirement of section 81(1)(b) shall be …

Mich. Comp. Laws § 38.1343c Entitlements.

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Sec. 43c. A member other than a member who first became a member on or after July 1, 2010 who contributes to the member investment plan, or the retirement allowance beneficiary of that member, shall be entitled to all of the following: (a) A 36-month averaging period for the comp…

Mich. Comp. Laws § 38.1343e Member before September 4, 2012; contribution of percentage to funding account under public employee retirement health care funding act; "funding account" defined.

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Sec. 43e. Except as otherwise provided in this section or section 91a, each member who first became a member before September 4, 2012 shall contribute 3% of the member's compensation to the appropriate funding account established under the public employee retirement health care f…

Mich. Comp. Laws § 38.1343g Contribution beginning on transition date; amount; method of deducting contributions; picking up member contributions for compensation on or after transition date; benefit.

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Sec. 43g. (1) Beginning on the transition date and ending upon the member's termination of employment or attainment date, as applicable under section 59(1), each member who made the election under section 59(1) shall contribute an amount equal to a percentage of his or her compen…

Mich. Comp. Laws § 38.1343h Service credit; enrollment for certain employees of community or junior college reporting unit; requirements; forfeit of claim; assessment and payment of supplemental employer contributions.

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Sec. 43h. (1) An individual who was first employed by a reporting unit that is a tax supported community college or junior college before July 1, 2014, and who did not previously have that service reported by a reporting unit on his or her behalf, may claim and thereafter be cred…

Mich. Comp. Laws § 38.1343i Determination and assessment of supplemental employer contributions by community or junior college reporting units; payment.

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Sec. 43i. (1) The retirement system shall determine and assess a supplemental employer contribution for each reporting unit that is a tax supported community or junior college on the basis of information reported by the reporting unit under section 42a, and payroll data reported …

Mich. Comp. Laws § 38.1344 Separation from service; death; unclaimed retirement allowance or other money.

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Sec. 44. Upon the separation from service by a member or upon the death of a member, a former member, 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…

Mich. Comp. Laws § 38.1345 Change or error in records; correction; adjustment in benefits.

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Sec. 45. 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 § 38.1346 Benefits; exemption from taxation; subject to taxation beginning January 1, 2012; offset of retirement benefits or refunds; forfeiture of service credit.

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Sec. 46. (1) Except as otherwise provided in this section, a retirement allowance, an optional benefit, or any other benefit accrued or accruing to a person under this act, the reserves created by this act, and the money, investments, or income of those reserves are exempt from s…

Mich. Comp. Laws § 38.1347 Employee of Michigan high school athletic association; entitlement to benefits preserved; limited membership; continued service; eligibility for retirement benefits; election; termination of employment; computation of retirement allowance.

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Sec. 47. (1) An employee of the Michigan high school athletic association who is a member on December 31, 1987 shall have his or her entitlement to benefits from the retirement system preserved as those benefits exist on December 31, 1987. That employee shall retain a limited mem…

Mich. Comp. Laws § 38.1359 Calculation of retirement allowance; election and attainment date designation; credit for future service accrued and compensation earned; alternative election; method of accepting elections, designations, and alternative elections; member not making or rescinding election or who makes alternative election; reemployed member; definitions.

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Sec. 59. (1) The retirement system shall permit each qualified member to make an election with the retirement system to continue to receive credit for any future service and compensation on and after the transition date, for purposes of a calculation of a retirement allowance und…

Mich. Comp. Laws § 38.1360 Purchase of service credit; 2 years service credit required.

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Sec. 60. Notwithstanding any provision of this act to the contrary, on and after July 1, 2008, a member shall not purchase service credit under this act unless the member has been granted at least 2 years of service credit under section 68.

Mich. Comp. Laws § 38.1361 Employment of retirant in reporting unit.

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Sec. 61. (1) Except as otherwise provided in this section, if a retirant is receiving a retirement allowance other than a disability allowance payable under this act or under former 1945 PA 136, on account of either age or years of personal service performed, or both, and becomes…

Mich. Comp. Laws § 38.1361a Report to legislature on number of active employed retirees.

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Sec. 61a. (1) The office of retirement services shall prepare 2 reports regarding retirants employed at reporting units as follows: (a) For the period that begins on the effective date of the amendatory act that added this section and ends 1 year after the effective date of the a…

Mich. Comp. Laws § 38.1362 Purchasing service credit; proof of service; contribution and interest.

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Sec. 62. If a member claims credit for service performed under this act or former Act No. 136 of the Public Acts of 1945, during the period the member was entitled to membership in the retirement system, but the member's employment was not reported to the retirement system and co…

Mich. Comp. Laws § 38.1363 Noncontributory plan; applicability; duty of reporting unit.

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Sec. 63. The noncontributory plan shall apply to each public school employee who is included in the membership of the retirement system. Each reporting unit shall remit the contributions as provided in section 42.

Mich. Comp. Laws § 38.1364 Purchase of service credit.

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Sec. 64. (1) If a person described in section 5(1)(d) later becomes a member of this retirement system, service credit shall not be given for employment that is excluded in that subdivision for purposes of determining a retirement allowance. (2) If a person described in section 5…