reglab/housing_qa huggingface dataset:
MI Comp L § 38.1684 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1684 - Rights Subject to Forfeiture and Domestic Relations Orders.

38.1684 Rights subject to forfeiture and domestic relations orders. Sec. 4.  (1) The right of a member or retirant to a retirement benefit described in section 3 is subject to forfeiture under the public employee retirement benefits forfeiture act, 1994 PA 350, MCL 38.2701 to 38.2705.  (2) The right of a member or retirant to a retirement benefit described in section 3 is subject to an award by a court under section 18 of 1846 RS 84, MCL 552.18, an eligible domestic relations order under the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711, and to any other domestic relations order of a court pertaining to alimony or child support. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002
MI Comp L § 38.1685 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1685 - Award or Order Requiring Withholding Payments; Limitations.

38.1685 Award or order requiring withholding payments; limitations. Sec. 5.  If an award or order described in section 4 requires a retirement system to withhold payment of a retirement benefit or requires the retirement system to make payment or requires the individual to request that the retirement system make payment of a retirement benefit for the purposes of meeting the member's or retirant's obligations to a spouse, former spouse, or child, the withholding or payment provisions of the award or order are effective only against amounts that become payable to the member or retirant, unless otherwise provided in an eligible domestic relations order under the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711. The 1imitations contained in this section do not apply to the accumulated contributions of a person who terminates employment before acquiring a vested member status. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002
MI Comp L § 38.1686 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1686 - Benefit Payments; Establishment of Arrangement and Fund.

38.1686 Benefit payments; establishment of arrangement and fund. Sec. 6.  (1) A retirement system may elect by a majority vote of its governing body to establish and administer an arrangement and fund to pay accrued benefits of its members to its members to the extent that the accrued benefits paid out of the fund would not otherwise be payable under limitations in section 415 of the internal revenue code. An arrangement and fund established under this section shall be kept separate from the pension assets of participating units.  (2) If an arrangement and fund is established by a retirement system under subsection (1), the arrangement and fund shall be established and administered in accordance with section 415(m) of the internal revenue code. The governing board of the participating unit or the department on behalf of a state unit may establish and adopt policies and procedures for the arrangement and fund.  (3) If an arrangement and fund is established under subsection (1), the benefits that are paid from the fund shall be paid out of employer contributions or other eligible assets. The governing board shall determine the amount of the employer contribution that shall be allocated to the arrangement and fund. Employer contributions and other eligible assets that are contributed to the arrangement and fund shall be deposited in the arrangement and fund before deposits are made to the pension system of the participating unit.  (4) Nothing in this section is intended to limit the amount of employer contributions that are contributed to a retirement fund of a participating unit for the accrued benefits that are allowed to be paid under section 415 of the internal revenue code. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002
MI Comp L § 38.1687 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1687 - Retirement System and Benefits Subject to MCL 800.401 to 800.406.

38.1687 Retirement system and benefits subject to MCL 800.401 to 800.406. Sec. 7.  The retirement system and retirement benefits shall be subject to claims made under the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002
MI Comp L § 38.1688 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1688 - Loan Eligibility; Correcting Records and Recovering Overpayments.

38.1688 Loan eligibility; correcting records and recovering overpayments. Sec. 8.  (1) This act is not intended to prohibit a member or retirant from receiving a loan from the retirement system if the retirement system concludes that the member or retirant is otherwise eligible for a loan.  (2) Nothing in this act shall prevent a retirement system administrator from correcting records and seeking to recover overpayments that the retirement system made to a retirant or member. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002
MI Comp L § 38.1688a (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1688a - Retirants Eligible for Election to Governing Board; Equal Treatment; Compensation; Definitions.

38.1688a Retirants eligible for election to governing board; equal treatment; compensation; definitions.Sec. 8a.  (1) A retirement system that has both members and retirants of its retirement system eligible to be elected to the position of member of the governing board shall comply with this section.  (2) The retirement system and the political subdivision sponsoring the retirement system shall ensure equal treatment of all individuals who are elected or seek to be elected to the position of member of the governing board. The retirement system or the political subdivision sponsoring the retirement system shall not require a retirant who is elected or seeks to be elected to the position of member of the governing board to meet more stringent or additional requirements to serve, be elected, or participate in the election process than a member who is elected or seeks to be elected to the position of member of the governing board.  (3) If the retirement system or the political subdivision sponsoring the retirement system compensates a member who is elected to the position of member of the governing board, the retirement system or the political subdivision sponsoring the retirement system shall compensate a retirant who is elected to the position of member of the governing board at no less than the least amount of compensation given to a member who is elected to the position of member of the governing board.  (4) As used in this section:  (a) "Compensate" or "compensation" mean any form of remuneration for performing duties as a member of the governing board including stipend pay by the retirement system or working at taxpayer expense as an employee of or under contract with the political subdivision sponsoring the system.  (b) "Member of the governing board" means a trustee, commissioner, or other official member of the governing board vested with the general administration, management, and operation of the retirement system or other decision-making body that is responsible for implementation and supervision of a retirement system. History: Add. 2012, Act 492, Imd. Eff. Dec. 28, 2012
MI Comp L § 38.1689 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)|Section 38.1689 - Notification of Disqualification From u.s. Internal Revenue Service.

38.1689 Notification of disqualification from U.S. internal revenue service. Sec. 9.  If the department receives notification from the United States internal revenue service that this act or any portion of this act will cause any state unit to be disqualified for tax purposes under the internal revenue code, then the portion that will cause the disqualification does not apply. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002
MI Comp L § 38.1701 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1701 - Short Title.

38.1701 Short title. Sec. 1.  This act shall be known and may be cited as the "eligible domestic relations order act".  History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1703 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1703 - Right of Alternate Payee to Share of Benefit Payable to Participant; Payment of Benefit Pursuant to Edro.

38.1703 Right of alternate payee to share of benefit payable to participant; payment of benefit pursuant to EDRO. Sec. 3.  Subject to the requirements of this act, an alternate payee is entitled to an actual interest in a share of a benefit that is or will become payable to a participant, if so provided in an EDRO filed with the retirement system. The retirement system shall administer the payment of a benefit pursuant to the EDRO and this section. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1704 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1704 - Payment of Benefit to Alternate Payee Under Edro; Effective Date; Form.

38.1704 Payment of benefit to alternate payee under EDRO; effective date; form. Sec. 4.  Except as otherwise provided in this act, the payment of a benefit to an alternate payee under an EDRO and this act shall begin on the retirement allowance effective date of the participant. The payment of a benefit under an EDRO and this act shall be paid in 1 of the following forms, as applicable:  (a) A single life annuity that is equal to the actuarial equivalent of the alternate payee's share of the benefit payable throughout the life of the alternate payee. If the participant is entitled to the payment of a benefit that is not reduced due to early retirement under the retirement system, the alternate payee's single life annuity shall be calculated using the participant's unreduced benefit. If the participant is only entitled to the payment of a benefit that is reduced due to early retirement under the retirement system, the alternate payee's single life annuity shall be calculated using the participant's reduced benefit.  (b) If a retirement system offers a participant an optional form of payment of a benefit at retirement, a reduced benefit that is equal to the actuarial equivalent of the total benefit being divided under the EDRO payable throughout the lives of the participant and the alternate payee. The reduced benefit shall be payable in the manner provided under the optional form of payment under the retirement system. The EDRO shall specify the percentage or amount of the reduced benefit that is payable under this subdivision to the participant and to the alternate payee while both are alive. If the participant predeceases the alternate payee while a reduced benefit is being paid to the participant and the alternate payee under this subdivision, the survivor portion of the reduced benefit shall be payable to the alternate payee. If the alternate payee predeceases the participant while a reduced benefit is being paid to the participant and the alternate payee under this subdivision, the alternate payee's percentage or amount of the reduced benefit shall revert to and become payable to the participant.   (c) A single life annuity that is equal to the alternate payee's share of the benefit payable throughout the life of the participant. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1705 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1705 - Election by Alternate Payee to Receive Interest in Benefit After Participant's Earliest Retirement Date, but Before Termination of Employment Date; Recalculation of Benefit if Participant Retires Before Age 60.

38.1705 Election by alternate payee to receive interest in benefit after participant's earliest retirement date, but before termination of employment date; recalculation of benefit if participant retires before age 60. Sec. 5.  (1) An EDRO may provide for the payment of a benefit to an alternate payee beginning on or after the participant's earliest retirement date but before the participant terminates employment as provided in this section. An alternate payee shall begin to receive the payment of a benefit under this section effective the first day of the month immediately following the month in which the alternate payee notifies the retirement system of his or her election to begin to receive payment of his or her interest in the benefit of a participant.  (2) If an alternate payee elects to receive his or her interest in the benefit of a participant after the participant's earliest retirement date but before the participant's termination of employment, the alternate payee is only entitled to the actuarial equivalent of the alternate payee's share of the participant's benefit that would be payable when the participant reaches age 60. If the participant retires before age 60, the retirement system shall recalculate the benefit payable to the alternate payee so that the recalculated benefit payable to the alternate payee plus the benefit previously paid to the alternate payee are the actuarial equivalent of the alternate payee's share of the benefit payable to the participant. If the recalculated benefit is more than the benefit the alternate payee is receiving, the retirement system shall begin paying the recalculated benefit to the alternate payee effective the first day of the month immediately following the month in which the participant retires. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1706 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1706 - Spouse Under Judgment of Separate Maintenance or Former Spouse Considered in Edro as Surviving Spouse for Purpose of Receiving Retirement Benefit; Benefit Amount.

38.1706 Spouse under judgment of separate maintenance or former spouse considered in EDRO as surviving spouse for purpose of receiving retirement benefit; benefit amount. Sec. 6.  An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant for the purpose of receiving a benefit as a surviving spouse under the retirement system. The benefit payable to a spouse under a judgment of separate maintenance or a former spouse as a surviving spouse under this section shall be computed as provided in the EDRO and the retirement system. If the amount or percentage of the benefit to be paid to a spouse under a judgment of separate maintenance or a former spouse as the surviving spouse of the participant under this section is less than the entire amount payable under the retirement system, the surviving spouse or other beneficiary of the participant, as determined under the retirement system, is entitled to receive the portion of the benefit not payable to a spouse under a judgment of separate maintenance or a former spouse under this section. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1707 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1707 - Death of Alternate Payee Before Interest in Benefit Paid; Reversion.

38.1707 Death of alternate payee before interest in benefit paid; reversion. Sec. 7.  If an alternate payee under this act dies before receiving any payment of his or her interest in a benefit pursuant to this act and an EDRO, that interest reverts to the participant.  History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1708 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1708 - Creation, Assignment, or Recognition of Alternate Payee's Right to Interest in Benefit Share Not Prohibited Assignment Under Retirement System.

38.1708 Creation, assignment, or recognition of alternate payee's right to interest in benefit share not prohibited assignment under retirement system. Sec. 8.  The creation, assignment, or recognition of a right of an alternate payee to an actual interest in a share of a benefit that is or will become payable to a participant pursuant to an EDRO under this act is not a prohibited assignment under a retirement system. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1709 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1709 - Determination by Retirement System Whether Domestic Relations Order Is Edro; Procedure; Notice.

38.1709 Determination by retirement system whether domestic relations order is EDRO; procedure; notice. Sec. 9.  Each retirement system shall establish a reasonable procedure to determine if a domestic relations order is an EDRO under this act. The retirement system shall promptly notify the participant and alternate payee named in a domestic relations order that the retirement system has received the domestic relations order. The notice shall include a description of the procedure by which the retirement system determines if the domestic relations order is an EDRO under this act. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.1711 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711)|Section 38.1711 - Status of Domestic Relations Order Filed With Retirement System Before Effective Date of Act.

38.1711 Status of domestic relations order filed with retirement system before effective date of act. Sec. 11.  A domestic relations order filed with the retirement system before the effective date of this act is considered an EDRO under this act if the retirement system is making payments under the domestic relations order on the effective date of this act or to the extent a domestic relations order is consistent with the provisions of this act. This section does not prohibit a participant, alternate payee, or court from filing an amended domestic relations order under this act. History: 1991, Act 46, Imd. Eff. June 27, 1991
MI Comp L § 38.2701 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 350 of 1994 - Public Employee Retirement Benefits Forfeiture Act (38.2701 - 38.2705)|Section 38.2701 - Short Title.

38.2701 Short title. Sec. 1.  This act shall be known and may be cited as the "public employee retirement benefits forfeiture act". History: 1994, Act 350, Eff. Mar. 30, 1995
MI Comp L § 38.2702 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 350 of 1994 - Public Employee Retirement Benefits Forfeiture Act (38.2701 - 38.2705)|Section 38.2702 - Definitions.

38.2702 Definitions.Sec. 2.  As used in this act:   (a) "Felony arising out of his or her service as a public employee" means 1 or more of the following:  (i) A felony resulting from the misuse of public funds.  (ii) A felony resulting from the receipt of a bribe or other financial benefit in that individual's capacity as a public employee.  (b) "Member" means a member, vested former member, deferred member, or participant of a retirement system.  (c) "Retirant" means an individual who has retired with a retirement benefit payable from a retirement system.  (d) "Retirement benefit" means an annuity, a retirement allowance, a pension, a benefit from employer contributions to a defined contribution plan, an optional benefit, a postretirement benefit, and any other right accrued or accruing to a member under a retirement system. Retirement benefit does not include health benefits provided to a retirant or his or her beneficiaries by a retirement system.  (e) "Retirement system" means a public employee retirement system established by this state or a political subdivision of this state. History: 1994, Act 350, Eff. Mar. 30, 1995 ;-- Am. 1996, Act 467, Imd. Eff. Dec. 26, 1996 ;-- Am. 2017, Act 43, Eff. Sept. 5, 2017
MI Comp L § 38.2703 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 350 of 1994 - Public Employee Retirement Benefits Forfeiture Act (38.2701 - 38.2705)|Section 38.2703 - Forfeiture of Retirement Rights.

38.2703 Forfeiture of retirement rights.Sec. 3.  A member or retirant who, before the effective date of the amendatory act that added section 4a, is convicted of or enters a nolo contendere plea accepted by a court for a felony arising out of his or her service as a public employee is considered to have breached the public trust and may have his or her rights to an otherwise vested retirement benefit and all accumulated employer contributions, including earnings on the employer contributions, standing to that individual's credit in the retirement system forfeited as provided in this act. A member or retirant who, on or after the effective date of the amendatory act that added section 4a, is convicted of or enters a nolo contendere plea accepted by a court for a felony arising out of his or her service as a public employee is considered to have breached the public trust and must have his or her rights to an otherwise vested retirement benefit and all accumulated employer contributions, including earnings on the employer contributions, standing to that individual's credit in the retirement system forfeited as provided in this act. This act applies only to the retirement system of which the individual was a member or retirant at the time the felony was committed and only to the retirement system established by the entity affected by the felony. History: 1994, Act 350, Eff. Mar. 30, 1995 ;-- Am. 2017, Act 43, Eff. Sept. 5, 2017