reglab/housing_qa huggingface dataset:
MI Comp L § 38.2704 (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 38.2704 - Court; Forfeiture Order; Contents; Delivery to Retirement System.

38.2704 Court; forfeiture order; contents; delivery to retirement system.Sec. 4.  (1) If a member or retirant, before the effective date of the amendatory act that added section 4a, is convicted of or enters a nolo contendere plea accepted by the court for a felony arising out of his or her service as a public employee, the court may order forfeiture as provided in this section. If a member or retirant, 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 the court for a felony arising out of his or her service as a public employee, the court must order forfeiture as provided in this section. If a court orders forfeiture under this section, the court shall determine the extent to which a forfeiture under this act affects the vested status of the member or retirant under the terms of the retirement system. An order under this section must contain all of the following, as applicable:  (a) The portion of the member's or retirant's retirement benefit under a retirement system established by that individual's employer at the time the act or acts that resulted in the felony were committed that accrued to the member or retirant on or after the date the first act that resulted in the felony was committed is forfeited.  (b) The member's or retirant's accumulated contributions standing to that individual's credit in the individual account established for that purpose in the retirement system must be refunded to the member or retirant.  (c) Except for a retirement benefit that is a benefit from employer contributions to a defined contribution plan forfeited under subdivision (a), the retirement system shall pay to an individual, if any, who would otherwise be a beneficiary of the member or retirant whose retirement benefit is being forfeited under this act an actuarially equivalent monthly retirement allowance at the age the member or retirant would have become eligible for unreduced retirement benefits under that retirement system.  (d) The retirement system shall provide hospitalization and medical coverage insurance to the member or retirant whose retirement benefit is being forfeited under this act and to his or her beneficiaries in the same manner and under the same restrictions as is provided to other retirants and beneficiaries of that retirement system.  (2) If a court enters an order described in subsection (1), the clerk of the court shall deliver the order to the retirement system. 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 § 38.2704a (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 38.2704a - Freezing of Retirement Benefit; Court Order; Delivery to Retirement System; "Prosecuting Agency" Defined.

38.2704a Freezing of retirement benefit; court order; delivery to retirement system; "prosecuting agency" defined.Sec. 4a.  (1) A retirement benefit subject to forfeiture under this act may be frozen pursuant to a freezing order issued by the court on a showing of probable cause that the retirement benefit is subject to forfeiture.   (2) On an ex parte application by the prosecuting agency, the court may determine ex parte whether there is probable cause to believe that a member's or retirant's retirement benefit is subject to forfeiture under this act and that notice to the member or retirant before a freezing of the retirement benefit would cause the loss of the retirement benefit subject to forfeiture under this act. If the court finds that there is probable cause to believe that the retirement benefit is subject to forfeiture and to believe that prior notice would cause loss of the retirement benefit, the court shall issue a freezing order freezing the retirement benefit.  (3) If a court enters a freezing order under this section, the clerk of the court shall deliver the freezing order to the retirement system.  (4) As used in this section, "prosecuting agency" means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee. History: Add. 2017, Act 43, Eff. Sept. 5, 2017
MI Comp L § 38.2705 (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 38.2705 - Retirement System; Compliance With Court Order.

38.2705 Retirement system; compliance with court order.Sec. 5.  (1) The retirement system shall comply with an order of the court described in section 4 or 4a. The retirement system shall not pay to a member or retirant whose retirement benefit is forfeited or frozen under this act any retirement benefits on or after the day the governing body of the retirement system receives the order of the court under section 4 or 4a.   (2) A retirement system shall comply with any subsequent orders of a court based on an appeal of an order previously submitted to the retirement system under this act.   (3) A retirement system that complies with a court order under this act is released and discharged from any liability pertaining to retirement benefits arising on account of the former member's or retirant's service to the employer on receipt of the order of the court under section 4. 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 § 38.2731 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2731 - Short Title; Meanings of Words and Phrases.

38.2731 Short title; meanings of words and phrases.Sec. 1.  (1) This act shall be known and may be cited as the "public employee retirement health care funding act".  (2) For purposes of this act, the words and phrases defined in sections 2 to 2b have the meanings ascribed to them in those sections. History: 2010, Act 77, Imd. Eff. May 19, 2010 ;-- Am. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2732 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2732 - Definitions; D to H.

38.2732 Definitions; D to H.Sec. 2.  (1) "Department" means the department of technology, management, and budget.  (2) "Employer contributions" means the amount transferred by an employer to a funding account or a health reimbursement account.  (3) "Funding account" means an account created pursuant to section 3(6) for the deposit of funds and payment of retirement health care benefits under the applicable retirement act.  (4) "Funding account dependent" means 1 or more of the following:  (a) A dependent as that term is used in section 20d of the state employees' retirement act, 1943 PA 240, MCL 38.20d, or a "health benefit dependent" as that term is defined in section 54 of the state employees' retirement act, 1943 PA 240, MCL 38.54, whichever is applicable.  (b) A health insurance dependent as that term is defined in section 91 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1391.  (c) A retirement allowance beneficiary as that term is defined in section 109 of the judges retirement act of 1992, 1992 PA 234, MCL 38.2109, or a health benefit dependent as that term is defined in section 705 of the judges retirement act of 1992, 1992 PA 234, MCL 38.2655, whichever is applicable.  (d) A survivor as that term is defined in section 13a of the Michigan legislative retirement system act, 1957 PA 261, MCL 38.1013a, a beneficiary of a deceased retirant as that term is used in section 50b of the Michigan legislative retirement system act, 1957 PA 261, MCL 38.1050b, or a health benefit dependent as that term is defined in section 65 of the Michigan legislative retirement system act, 1957 PA 261, MCL 38.1065, whichever is applicable.  (e) A retirement allowance beneficiary as that term is defined in section 4 of the state police retirement act of 1986, 1986 PA 182, MCL 38.1604, or a dependent as that term is used in section 42 of the state police retirement act of 1986, 1986 PA 182, MCL 38.1642, whichever is applicable.  (5) "Health reimbursement account" means an employer-sponsored individual account established within the irrevocable trust and administered by the trustees into which a member and his or her employer contribute money to be used for the reimbursement of medical expenses.  (6) "Health reimbursement account dependent" means a past member's legal spouse and the past member's unmarried children who are considered dependent under section 152 of the internal revenue code, 26 USC 152, determined without regard to the special exclusion under section 152(b)(1) of the internal revenue code, 26 USC 152, or the earnings limit under section 152(d)(1)(B) of the internal revenue code, 26 USC 152. History: 2010, Act 77, Imd. Eff. May 19, 2010 ;-- Am. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2732a (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2732a - Definitions; M to P.

38.2732a Definitions; M to P.Sec. 2a.  (1) "Mandatory contributions" means mandatory amounts contributed by a participating member, which amounts, to the extent permitted by applicable law, are treated as a salary increase that has been foregone by the participating member or a permanent reduction in a participating member's compensation, with such amounts being contributed by the employer to each participating member's health reimbursement account. Mandatory contributions include other amounts established by the employer that may be treated as picked up by the employer to the fullest extent permitted by the internal revenue code, but do not include any contributions made only by the employer without an impact on the salary of the participating member.  (2) "Medical expense" means an expense incurred at the time a past member or his or her health reimbursement account dependent is furnished the medical care or service. To be considered a medical expense under this act, the expense shall meet all of the following conditions:  (a) Is a medical expense that would otherwise qualify for a deduction under section 213(d) of the internal revenue code, 26 USC 213, irrespective of the income threshold set forth in section 213(a) of the internal revenue code, 26 USC 213.  (b) Has not been and will not be reimbursed by any other source.  (c) Was incurred by a past member or his or her health reimbursement account dependent after the past member became entitled to receive reimbursements for medical expenses under this act.  (d) Is properly and timely substantiated by the individual claiming the expense in a manner established by the department.  (3) "Member" means a person who is a member, former member, deferred member, qualified participant, or former qualified participant as determined under the applicable retirement act.  (4) "Participating member" means a member who is required to make mandatory contributions by the applicable retirement act to his or her health reimbursement account.  (5) "Past member" means a former member who has retired with retirement health care benefits payable by a retirement system or a former qualified participant who has terminated employment and has an amount within his or her health reimbursement account. History: Add. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2732b (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2732b - Definitions; R to V.

38.2732b Definitions; R to V.Sec. 2b.  (1) "Retirement act" means 1 or more of the following:   (a) The state employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69.  (b) The public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437.  (c) The judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670.  (d) The state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1648.  (e) The Michigan legislative retirement system act, 1957 PA 261, MCL 38.1001 to 38.1080.  (2) "Retirement health care benefits" means expenses for medical, dental, and vision to be paid for past members or their funding account dependents under the applicable retirement act.  (3) "Retirement system" means a retirement system established under a retirement act.  (4) "Trust" means an irrevocable trust created under section 3(1).  (5) "Trustee" means a member of a retirement system board.  (6) "Voluntary contributions" means voluntary amounts contributed by a member or participating member into a health reimbursement account. However, to the extent required by applicable law, voluntary amounts shall not be contributed through a salary reduction election under a cafeteria plan pursuant to section 125 of the internal revenue code, 26 USC 125. History: Add. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2734 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2734 - Assets as Irrevocable.

38.2734 Assets as irrevocable.Sec. 4.  (1) Except as otherwise provided in this section and sections 8 and 17, assets contributed to the irrevocable trust are irrevocable and may not be refused, refunded, or returned to the employer or employee making the contribution.  (2) To the extent permitted under state and federal law, voluntary contributions to a health reimbursement account and any investment income on those amounts may be distributed to a deceased member's or past member's beneficiaries or estate if those amounts exist in the deceased member's or past member's health reimbursement account and all eligible medical expenses have been reimbursed for the deceased member or past member and for all of his or her health reimbursement account dependents. History: 2010, Act 77, Imd. Eff. May 19, 2010 ;-- Am. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2735 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2735 - Assets; Use; Limitation.

38.2735 Assets; use; limitation.Sec. 5.  The assets of the irrevocable trust are to be used solely to perform this essential function of state government. The trust shall only provide retirement health care benefits as provided under this act and pay fees and expenses for the administrative costs in carrying out this essential governmental function. History: 2010, Act 77, Imd. Eff. May 19, 2010
MI Comp L § 38.2736 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2736 - Assets Not Subject to Certain Processes of Law.

38.2736 Assets not subject to certain processes of law.Sec. 6.  The assets of the irrevocable trust and the ability of a member or past member of a retirement system to receive retirement health care benefits shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law and shall be unassignable. History: 2010, Act 77, Imd. Eff. May 19, 2010
MI Comp L § 38.2737 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2737 - Assets; Diversion for Other Purposes Prohibited.

38.2737 Assets; diversion for other purposes prohibited.Sec. 7.  The assets of the irrevocable trust shall be used exclusively for the benefit of past members and their funding account dependents and shall not be diverted for a purpose other than the payment of retirement health care benefits and the administrative costs of providing such benefits. History: 2010, Act 77, Imd. Eff. May 19, 2010
MI Comp L § 38.2738 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2738 - Remaining Trust Assets; Dissolution; Distribution; Remaining Health Reimbursement Account Assets.

38.2738 Remaining trust assets; dissolution; distribution; remaining health reimbursement account assets.Sec. 8.  (1) Any assets remaining in the funding account after all payments for eligible retirement health care benefits have been paid and all other liabilities of the trust have been satisfied shall be distributed to this state or other employers within the applicable retirement system so long as the employers are organizations the income of which is excluded under section 115(1) of the internal revenue code, 26 USC 115.  (2) Upon dissolution of the irrevocable trust, any assets remaining after the payment of debts and the satisfaction of liabilities are to be distributed to 1 or more states, political subdivisions of states, the District of Columbia, or other organizations the income of which is excluded under section 115(1) of the internal revenue code, 26 USC 115.  (3) Except as otherwise provided in section 4(2), any assets remaining in a health reimbursement account after all reimbursements for medical expenses for the past member and any health reimbursement account dependents of the past member have been paid shall be distributed to the funding account within the irrevocable trust. History: 2010, Act 77, Imd. Eff. May 19, 2010 ;-- Am. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2739 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2739 - Written Trust Agreement; Contents.

38.2739 Written trust agreement; contents.Sec. 9.  The written trust agreement for each retirement system shall contain all of the following provisions consistent with this act:  (a) Recitals describing the creation and purpose of the trust.  (b) Language reflecting the requirements of sections 4 through 7.  (c) Sections outlining the management and operation of the trust.  (d) A description of the various accounts that carry out the functions of the trust.  (e) Provisions setting forth the powers and duties of the trustees. History: 2010, Act 77, Imd. Eff. May 19, 2010
MI Comp L § 38.2740 (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2740 - Retirement Health Care Benefits; Prefunding; Credit to Funding Account; Contribution or Credit to Health Reimbursement Account.

38.2740 Retirement health care benefits; prefunding; credit to funding account; contribution or credit to health reimbursement account.Sec. 10.  (1) This state, an employer of a member within a retirement system, a member, or any other person may contribute amounts to a funding account within an applicable trust for the prefunding of retirement health care benefits.  (2) If a funding account contribution is made to the applicable trust, the contribution shall promptly be credited to the funding account within the applicable trust.  (3) Trustees shall credit the applicable funding account with the appropriate investment earnings on those assets.  (4) A member shall contribute an amount to the funding account as required by the applicable retirement act.  (5) A participating member shall contribute an amount to his or her health reimbursement account as required by the applicable retirement act.  (6) The employer of a member or participating member shall contribute or credit to the member's or participating member's health reimbursement account an amount as required by the applicable retirement act.  (7) A member or participating member may make voluntary contributions to his or her health reimbursement account in a whole percentage ranging from 1% to 5% of the member's or participating member's compensation, subject to any limit provided under state or federal law. This subsection does not apply to members of a retirement system until the retirement system has determined that voluntary contributions are permitted by law and a procedure has been implemented for the contributions.  (8) The employer of a member or participating member may contribute or credit an amount to the member's or participating member's health reimbursement account as set forth in the applicable retirement act. This subsection does not apply to members of a retirement system until the applicable retirement system has determined that voluntary contributions are permitted by law and a procedure has been implemented for the contributions.  (9) When a participating member makes a mandatory contribution as a result of a provision of the applicable retirement act, the mandatory contribution, along with any other contributions under this section or a provision of the applicable retirement act, shall promptly be credited to that participating member's health reimbursement account. History: 2010, Act 77, Imd. Eff. May 19, 2010 ;-- Am. 2011, Act 265, Imd. Eff. Dec. 15, 2011
MI Comp L § 38.2740a (2021)
2021 Michigan Compiled Laws|Chapter 38 - Civil Service and Retirement|Act 77 of 2010 - Public Employee Retirement Health Care Funding Act (38.2731 - 38.2747)|Section 38.2740a - Health Reimbursement Account; Vesting; Rights.

38.2740a Health reimbursement account; vesting; rights.Sec. 10a.  (1) A member or participating member is 100% vested in mandatory contributions and voluntary contributions made to his or her health reimbursement account, subject to permissible use of the contributions under this act.  (2) A member or participating member is vested in employer contributions made to his or her health reimbursement account, subject to permissible use of the contributions under this act, according to the following schedule:  (a) Fifty percent vested after earning 2 years of service as determined by the applicable retirement act.  (b) Seventy-five percent vested after earning 3 years of service as determined by the applicable retirement act.  (c) One hundred percent vested after earning 4 years or more of service as determined by the applicable retirement act.  (3) A past member and his or her health reimbursement account dependents have the right to reimbursement of medical expenses under this act to the extent such funds exist in the past member's health reimbursement account. History: Add. 2011, Act 265, Imd. Eff. Dec. 15, 2011