reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2217 - Court Fee Fund; Applicability of Section.

38.2217 Court fee fund; applicability of section.
Sec. 217.
(1) A court fee fund is created in the state treasury. The state treasurer shall deposit into the court fee fund all money received from the executive secretary pursuant to section 304(4). The state treasurer shall, if funds remain in the court fee fund after the transfer described in subsection (3), transmit a portion of the money in the court fee fund, not exceeding $2,200,000.00 in any fiscal year, to the court equity fund created by section 151b of the revised judicature act of 1961, 1961 PA 236, MCL 600.151b. If the court fee fund exceeds $2,200,000.00 in any fiscal year and $2,200,000.00 is transmitted to the court equity fund, an amount may be appropriated from the court fee fund for operational expenses of trial courts. Operational expenses may include the payment of salaries of trial court judges other than judges of the district court. Any money remaining in the court fee fund at the end of the fiscal year shall remain in the court fee fund and shall not revert to the general fund.
(2) Notwithstanding any other provision of this act, if the retirement board establishes an arrangement and fund described in section 6 of the public employee retirement benefit preservation act, the benefits that are required to be paid from that fund shall, to the extent permitted by applicable law, be paid from a portion of the money in the court fee fund and any earnings on those amounts or other eligible funds. The retirement board shall determine the amount of the employer contributions or other eligible funds that shall be allocated to that fund and deposit that amount in that fund.
(3) The state treasurer shall, if funds remain in the court fee fund after the transfer described in subsection (2), transmit a portion of the money in the court fee fund and any earnings on those amounts to the reserve for health benefits created by section 214 to pay expected health care costs for the subsequent fiscal year that are not covered as a result of employee contributions under sections 305(1) and 714(6), and to pay, in an amount not to exceed $100,000.00 in each fiscal year, any health care costs not paid from the reserve for health benefits since fiscal year 1996-1997.
(4) This section applies unless the department receives notification from the United States internal revenue service that this section will cause the retirement system to be disqualified for tax purposes under the internal revenue code.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 1996, Act 525, Imd. Eff. Jan. 13, 1997 ;-- Am. 1998, Act 99, Imd. Eff. May 28, 1998 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
Compiler's Notes:
In subsection (2), the reference to the “public employee retirement benefit preservation act” evidently should be a reference to the “public employee retirement benefit protection act,” (MCL 38.1681 et seq.).
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article III - (38.2301...38.2308) › Section 38.2301 - Actuary; Duties.

38.2301 Actuary; duties.
Sec. 301.
(1) The retirement system shall direct the actuary to do all of the following:
(a) Determine the annual level percent of payroll contribution rate to finance the benefits provided under this act by actuarial valuation pursuant to subsections (2) and (3), and upon the basis of the risk assumptions that the retirement board and the department adopt after consultation with the state treasurer and the actuary.
(b) Make an annual actuarial valuation of the retirement system in order to determine the actuarial condition of the retirement system and the required contribution to the retirement system.
(c) Make an annual actuarial gain-loss experience study of the retirement system in order to determine the financial effect of variations of actual retirement system experience from projected experience.
(2) The actuary shall compute the contribution rate for monthly benefits payable in the event of death of a member before retirement or the disability of a member using a terminal funding method of actuarial valuation.
(3) The actuary shall compute the contribution rate for benefits other than those described in subsection (2) using an individual projected benefit entry age normal actuarial cost method. The contribution rate for service that may be rendered in the current year, known as the normal cost contribution rate, is equal to the aggregate amount of individual entry age normal costs divided by l% of the aggregate amount of active members' valuation compensation. The contribution rate for unfunded service rendered on or before the last day of the fiscal year, known as the unfunded actuarial accrued liability contribution rate, is equal to the aggregate amount of unfunded actuarial accrued liabilities divided by l% of the actuarial present value over a period not to exceed 40 years of projected benefit compensation, where unfunded actuarial accrued liabilities are equal to the actuarial present value of benefits reduced by the actuarial present value of future normal costs and the actuarial value of assets on the last day of the fiscal year.
History:
1992, Act 234, Eff. Mar. 31, 1993
Compiler's Notes:
In subsection (3), the instances of “l%” were originally printed with the numeral “1” represented by the alphabet character “l” and evidently should read “1%.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article III - (38.2301...38.2308) › Section 38.2303 - Thirty-Sixth District Court; Annual Contribution; Amount; Plan 3b or 3c Member Supplemental Salary Payment.

38.2303 Thirty-sixth district court; annual contribution; amount; plan 3b or 3c member supplemental salary payment.
Sec. 303.
(l) The reporting unit for the district court in the thirty-sixth district shall contribute annually to the retirement system for each member who is a judge of the thirty-sixth district court an amount equal to the product of the total annual additional salary paid to the member pursuant to section 8202 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being section 600.8202 of the Michigan Compiled Laws, and the annual level percent of payroll contribution rate determined under section 301. The supreme court shall subtract the figure calculated in this subsection from the salary standardization payment paid to the reporting unit for the thirty-sixth district, prorated on the basis of the frequency with which this state makes salary standardization payments to the reporting unit.
(2) The reporting unit that pays a plan 3b member's or a plan 3c member's supplemental salary shall contribute annually to the retirement system an amount equal to the product of $2,250.00 of the state salary standardization payment and the annual level percent required to fund the retirement system. The supreme court shall subtract the figure calculated in this subsection from the salary standardization payment paid to the reporting unit that pays the judge's salary prorated on the basis of the frequency with which this state makes salary standardization payments to the reporting unit that pays the judge's supplemental salary.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article III - (38.2301...38.2308) › Section 38.2304 - Deposit of Court Fees, Late Fees, and Interest Payments.

***** 38.2304 SUBSECTION (4) MAY NOT APPLY: See (4) of 38.2304 *****
38.2304 Deposit of court fees, late fees, and interest payments.
Sec. 304.
(1) Except as provided in subsection (4), the retirement system shall transmit all court fees received by the executive secretary and all late fees and interest payments received under this section to the state treasurer for deposit in the reserve for employer contributions where these assets and earnings on these assets shall be treated as pension assets.
(2) The retirement board may periodically establish a late fee and interest rate for all court fees that are not submitted to the executive secretary as prescribed in subsection (3). The retirement board shall establish a late fee of $50.00 or more and an interest rate of 12% or more per year for a late transmittal of court fees.
(3) If the county treasurer, clerk of the circuit court, or clerk of the district court fails to transmit to the executive secretary all court fees by the twentieth day of the month following the month in which they are collected under the revised judicature act, the retirement system shall assess a late fee for each late transmittal and an interest payment for each day the transmittal is late. Upon written notice from the executive secretary to the director of the supreme court finance office, the state treasurer shall withhold payment of the amount due under this section for late court fees, late fees, and interest payments from the salary standardization payment payable to a county or district control unit that fails to make timely court fee transmittals as required by this section.
(4) When the retirement system determines that the amount of court fees deposited into the reserve for employer contributions under subsection (1) equals the amount needed in addition to other publicly financed contributions to sustain the required level of publicly financed contributions, based upon the most recent actuarial valuation available at the beginning of the applicable fiscal year, the executive secretary shall transmit to the state treasurer the remainder of the court fees received during the fiscal year for deposit into the court fee fund created by section 217 where these assets and any earnings on these assets shall not be treated as pension assets for any purpose. This subsection applies unless the department receives notification from the United States internal revenue service that this subsection will cause the retirement system to be disqualified for tax purposes under the internal revenue code.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article III - (38.2301...38.2308) › Section 38.2305 - Contributions; Plan Member Classification; Manner of Payment; Withholding Payment to County or District Control Unit for Contributions Not Received Within 60 Days.

38.2305 Contributions; plan member classification; manner of payment; withholding payment to county or district control unit for contributions not received within 60 days.
Sec. 305.
(1) Each member, upon taking office and so long as he or she remains in office, shall make contributions to the retirement system according to the applicable plan member classification as follows:
(a) A plan 1 member or a plan 2 member shall contribute 5% of the member's compensation. From this contribution, the retirement system shall deposit an amount equal to 2.0% of the member's compensation into the reserve for health benefits for hospital and medical-surgical and sick care benefits as provided in section 509.
(b) A plan 3a member, a plan 3b member, or a plan 5 member shall contribute 3.5% of the member's compensation.
(c) A plan 3c member, a plan 4 member, a plan 6 member, or a plan 7 member shall contribute 7% of the member's compensation. However, a plan 6 member shall not contribute more than $980.00 annually.
(2) The retirement board shall determine the manner in which member contributions are paid. Except as otherwise provided in this section, the retirement system shall credit member contributions when received to the reserve for member contributions.
(3) Upon written notice from the executive secretary to the state court administrator, the state treasurer shall withhold payment of the amount due from the salary standardization payment payable to a county or district control unit for member contributions that are not received by the retirement system within 60 days after the due date.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article III - (38.2301...38.2308) › Section 38.2307 - Disposition of Unclaimed Retirement Allowance or Money Payable on Separation or Death.

38.2307 Disposition of unclaimed retirement allowance or money payable on separation or death.
Sec. 307.
Upon the separation from service by a member or upon the death of 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 remains a part of the reserve in which it is deposited until claimed by the separated member, retirement allowance beneficiary, refund beneficiary, or the estate or legal representative of a separated member, retirement allowance beneficiary, or refund beneficiary.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article III - (38.2301...38.2308) › Section 38.2308 - Offsetting Benefits Against Amounts Owed; Forfeiture of Service Credit for Transfer to Federal Agency; Rights Subject to Public Employee Retirement Benefit Protection Act.

38.2308 Offsetting benefits against amounts owed; forfeiture of service credit for transfer to federal agency; rights subject to public employee retirement benefit protection act.
Sec. 308.
(1) The retirement system may offset retirement benefits or refunds payable under this act against amounts owed to the retirement system by a member, vested former member, retirant, retirement allowance beneficiary, or refund beneficiary.
(2) If the retirement system is required by the federal government pursuant to a court order to transmit a part of a member's accumulated contributions to a federal agency, the service credit that is covered by the payment shall be forfeited in the same manner as if the employee had requested and been paid a refund of the member's most recent contributions.
(3) The right of a person to a retirement allowance, to the return of accumulated contributions, to an optional benefit, to any other right accrued or accruing to a member or beneficiary under this act, and to the money belonging to the retirement system is subject to the public employee retirement benefit protection act.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article IV - (38.2401...38.2406) › Section 38.2401 - Retirement System; Members; Membership Form; Conditions for Ceasing Membership.

38.2401 Retirement system; members; membership form; conditions for ceasing membership.
Sec. 401.
(1) Each of the following is a member of the retirement system:
(a) A person who is duly elected or appointed as a judge or state official on or after the effective date of this act, unless within 30 days from taking office the judge or state official files a written notice not to participate in the retirement system with the retirement system.
(b) A person who was a member of the former judges retirement system or former probate judges retirement system on the day before the effective date of this act and who remains a judge or state official on and after the effective date of this act.
(c) A person, other than a retirant, who is authorized by the supreme court to perform judicial duties for a limited period or a specific assignment pursuant to section 23 of article VI of the state constitution of 1963 and who performs at least 20 days of service in a 30-consecutive day period.
(2) A judge or state official who becomes a member under subsection (1)(a) shall complete a membership form furnished by the retirement system and shall forward the form to the retirement system within 30 days of taking office. A judge or state official, upon becoming a member, is considered to have agreed that in the event of adjudication of the member's mental incompetency, a guardian, if appointed, has the power and authority to complete and execute the necessary application forms to retire the member as provided in section 507. In all cases of doubt, the retirement board shall decide the membership status of a judge or state official.
(3) The membership of a judge or state official in the retirement system ceases when the member retires, when the members forfeits his or her membership under the provisions of section 507, at the end of the judicial term in which the member who is a judge attains age 70, or upon ceasing to be a judge or state official unless the person is a vested former member.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article IV - (38.2401...38.2406) › Section 38.2401a - Exclusion From Tier 1; Eligibility as Qualified Participant in Tier 2.

38.2401a Exclusion from Tier 1; eligibility as qualified participant in Tier 2.
Sec. 401a.
(1) Notwithstanding section 401, an individual described in this subsection is not a member of the Tier 1 retirement plan:
(a) An individual who first becomes a judge or state official on or after March 31, 1997.
(b) An individual who elects to terminate membership under section 701 or 701a and who, but for that election, would otherwise be eligible for membership in Tier 1 pursuant to section 401.
(2) An individual who first becomes a judge or state official on or after March 31, 1997 is eligible to be a qualified participant in Tier 2 subject to article VII.
History:
Add. 1996, Act 523, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 215, Eff. May 30, 2000 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article IV - (38.2401...38.2406) › Section 38.2402 - Retirement Board; Determining Service Credits; Forfeiture; Reinstatement; Service Credit for Limited Period or Specific Assignment.

38.2402 Retirement board; determining service credits; forfeiture; reinstatement; service credit for limited period or specific assignment.
Sec. 402.
(1) The retirement board shall credit each member with the number of years and months of service for which the member performed service as a judge or state official. The retirement board shall credit service for the month in which the member's retirement becomes effective if the member retires from service before the end of the month and the member terminates his or her service after the fifteenth of the month. Except as provided in subsection (4), the retirement board shall not credit service for any month for which a member receives less than 1 month's salary. The retirement board shall not credit more than 1/12 of a year of service for all service rendered in a 30-consecutive day period. After a member who is a judge attains age 70, the retirement board shall not credit service after the end of the term in which the judge attains age 70.
(2) A member's credited service is forfeited at the time his or her membership terminates, except upon becoming a retirant or as provided in section 502.
(3) The retirement system shall reinstate credited service forfeited because of a break in membership in the member's service account if all of the following conditions are satisfied:
(a) The person, upon return to membership, acquires 6 months or more of credited service performed as a member of this retirement system subsequent to the break in service that caused the forfeiture.
(b) The member pays to the retirement system all accumulated contributions previously paid to the member, plus interest from the date of payment to the member to the date of repayment to the retirement system.
(4) Except as provided in this subsection and subject to the requirements of this subsection, the retirement system shall grant credited service to the same extent as provided in subsection (1) to a member who is serving as a judge for a limited period or a specific assignment as authorized by the supreme court pursuant to section 23 of article VI of the state constitution of 1963. The retirement system shall grant 1/12 of a year of credited service for a 30-consecutive day period in which a member described in this subsection performs service and receives a salary under the following circumstances:
(a) The member performs service for at least 20 days in the 30-consecutive day period.
(b) The member receives a salary that is not less than the pro rata of the state base salary for the court in which the service is performed.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article IV - (38.2401...38.2406) › Section 38.2403 - Election to Purchase Other Public Service Credit; Request; Documentation; Payment of Actuarial Cost; Basis for Calculating Service Credit.

38.2403 Election to purchase other public service credit; request; documentation; payment of actuarial cost; basis for calculating service credit.
Sec. 403.
(1) A member who has 4 or more years of membership service may elect to purchase service credit for other public service by filing a request with the retirement system. The member shall provide documentation of the other public service and shall pay into the reserve for member contributions the actuarial cost. The member shall relinquish for himself or herself and his or her beneficiaries all rights in and to a pension or annuity payable from another retirement system for the same period of service purchased under this section.
(2) The retirement system shall calculate the amount of service credit for other public service under subsection (1) on the same basis as provided in section 402(1).
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article IV - (38.2401...38.2406) › Section 38.2404 - Election to Purchase Active Duty Service Credit; Request; Documentation; Payment to Reserve; Basis for Calculating Service Credit.

38.2404 Election to purchase active duty service credit; request; documentation; payment to reserve; basis for calculating service credit.
Sec. 404.
(1) A member who has 12 or more years of credited service may elect to purchase not more than 2 years of service credit for active duty by filing a request with the retirement system. The member shall provide documentation of the active duty and shall pay into the reserve for member contributions an amount equal to 5% of the member's annualized rate of compensation at the time payment is made multiplied by the number of years and months of active duty service that the member elects to purchase up to the maximum. The member shall relinquish for himself or herself and his or her beneficiaries all rights in and to a pension or annuity payable from another retirement system for the same period of service purchased under this section.
(2) The retirement system shall calculate the amount of service credit for active duty under subsection (1) on the same basis as provided in section 402(1).
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article IV - (38.2401...38.2406) › Section 38.2406 - Retirant Authorized by Supreme Court to Perform Judicial Duties for Limited Period or Specific Assignment; Retirant Elected or Appointed by Governor as Judge or State Official.

38.2406 Retirant authorized by supreme court to perform judicial duties for limited period or specific assignment; retirant elected or appointed by governor as judge or state official.
Sec. 406.
(1) If a retirant is authorized by the supreme court to perform judicial duties for a limited period or a specific assignment pursuant to section 23 of article VI of the state constitution of 1963, the retirement system shall continue payment of his or her retirement allowance without change in amount or conditions. A retirant is not a member during the period he or she performs judicial duties for a limited period or a specific assignment as authorized by the supreme court pursuant to section 23 of article VI of the state constitution of 1963.
(2) If a retirant is elected or appointed by the governor as a judge or state official, the retirement system shall suspend payment of the retirant's retirement allowance during the period he or she remains in office. The retirement system shall base the suspension of benefits on 1/12 of the annual retirement benefit for each month the retirant serves in the office to which he or she was elected or appointed. A retirant who is again elected as a judge or state official is a member pursuant to section 401. The retirement system shall recalculate the retirement allowance of a retirant who again becomes a member under this subsection if the member leaves office due to disability or death, or if the member again retires after serving 1 full term or more in office. A retirement allowance recalculated pursuant to this subsection is subject to section 503. The retirement system shall begin payment of the recalculated retirement allowance under this subsection to a person who again retires effective the first of the month following the month in which the person leaves office. If a retirant again becomes a member under this subsection but is not entitled to have his or her retirement allowance recalculated under this subsection, the retirement system shall begin payment of his or her retirement allowance without change in amount or conditions effective the first of the month following the month in which the person leaves office.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article V - (38.2501...38.2512) › Section 38.2501 - Retirement Allowance; Requirements; Application; Form; Retirement Date; Beginning Payment.

38.2501 Retirement allowance; requirements; application; form; retirement date; beginning payment.
Sec. 501.
(1) A member or vested former member who has 4 or more years of membership service and who meets 1 or more of the following requirements, except as otherwise provided in this subsection, is entitled to a retirement allowance computed under section 503:
(a) The member or vested former member is 60 years of age or older and has 8 or more years of credited service.
(b) The member or vested former member is 55 years of age or older and has 18 or more years of credited service of which the last 6 years are continuous service.
(c) The member or vested former member has 25 or more years of credited service of which the last 6 years are continuous service.
(d) The member or vested former member is 55 years of age or older but less than 60 years of age and has 12 or more, but less than 18, years of credited service, of which the last 6 years are continuous service. However, the retirement system shall permanently reduce the retirement allowance calculated under section 503 for a member who meets the requirements of this subdivision by the early retirement reduction percentage, which is 0.5% for each month, and fraction of a month, from the effective date of the member's retirement to the date of the member's sixtieth birthday.
(e) The member or vested former member is 60 years of age or older and has served 2 full terms in the office of governor, lieutenant governor, secretary of state, attorney general, or 1 full term in the office of legislative auditor general.
(2) A member or vested former member who meets or will meet the requirements of subsection (1) may retire by filing a written application with the retirement system on a form furnished by the retirement system. The member or vested former member shall state a date in the application on which he or she wishes to retire that is on or after the date the member or vested former member meets the requirements under subsection (1) and that is 30 days or more after the date the application is filed with the retirement system.
(3) The retirement system shall begin payment of the retirement allowance payable to a member or vested former member who retires under this section on the first day of the month after termination of service or the first day of the month that is 30 days or more after the application is filed with the retirement system, whichever is later. The retirement system shall pay a full month's retirement allowance for the month in which a retirant or retirement allowance beneficiary ceases to be eligible for continuation of benefits.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article V - (38.2501...38.2512) › Section 38.2501a - Early Retirement Benefits Act; System Subject to Regulation.

38.2501a Early retirement benefits act; system subject to regulation.
Sec. 501a.
This retirement system is subject to the regulation of early retirement benefits act.
History:
Add. 1996, Act 523, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article V - (38.2501...38.2512) › Section 38.2502 - Vested Former Member; Entitlement to Deferred Vested Service Retirement Allowance; Forfeiture.

38.2502 Vested former member; entitlement to deferred vested service retirement allowance; forfeiture.
Sec. 502.
A member who leaves office for a reason other than the member's retirement or death, who does not withdraw accumulated contributions, and who satisfies the service or term of office requirements of section 501(1) is a vested former member. Subject to section 501, a vested former member is entitled to a deferred vested service retirement allowance computed pursuant to section 503 or, if applicable, section 13a of former Act No. 198 of the Public Acts of 1951 or section 15 of former Act No. 165 of the Public Acts of 1954, as in effect at the time of termination of the vested former member's tenure in office. The vested former member shall forfeit his or her entitlement to a deferred vested service retirement allowance if the vested former member withdraws from the retirement system his or her accumulated contributions unless the service is reinstated as provided in section 402.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article V - (38.2501...38.2512) › Section 38.2505 - Salary Standardization Payment as Wages for Social Security Reporting Purposes.

38.2505 Salary standardization payment as wages for social security reporting purposes.
Sec. 505.
For a member who is a judge and who is receiving a state-paid salary, the salary standardization payment is considered wages for social security reporting purposes to the extent that a judge's state base salary is less than the social security maximum reportable wage for the calendar year. The department shall deduct the judge's employee contribution on the social security maximum reportable wage for the calendar year from the judge's salary paid by this state.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article V - (38.2501...38.2512) › Section 38.2509 - Hospital and Medical-Surgical and Sick Care Benefits; Payment of Premiums.

38.2509 Hospital and medical-surgical and sick care benefits; payment of premiums.
Sec. 509.
(1) The retirement system shall pay the premium for hospital and medical-surgical and sick care benefits for a retirant who, as a member, served after January 1, 1983 as a justice of the supreme court, judge of the court of appeals, or a state official, or for his or her retirement allowance beneficiary who elects coverage in the state group health insurance plan, to the same extent as is provided for retirants and retirement allowance beneficiaries of the state employees' retirement system created by the state employees' retirement act, Act No. 240 of the Public Acts of 1943, being section 38.1 to 38.48 of the Michigan Compiled Laws.
(2) The retirement system shall pay the premium under subsection (1) only if section 305(l)(a) requires member contributions for hospital and medical-surgical and sick care benefits.
History:
1992, Act 234, Eff. Mar. 31, 1993
Compiler's Notes:
In subsection (2), the reference to “section 305(l)(a)” evidently should read “section 305(1)(a).”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article V - (38.2501...38.2512) › Section 38.2510 - Effective Date of Retirement Before January 1, 1980; Exception; Supplement.

38.2510 Effective date of retirement before January 1, 1980; exception; supplement.
Sec. 510.
(1) Effective June 1, 1996, the retirement allowance payable to a retirant or beneficiary of a deceased retirant whose effective date of retirement was before January 1, 1980, except a retirant or beneficiary of a deceased retirant who was a member of the former judges retirement system before September 8, 1961, is supplemented as follows:
Effective Date of Retirement
Percent of Increase
January 1, 1979 to December 31, 1979
11%
January 1, 1978 to December 31, 1978
12%
January 1, 1977 to December 31, 1977
13%
January 1, 1976 to December 31, 1976
14%
January 1, 1975 to December 31, 1975
15%
January 1, 1974 to December 31, 1974
16%
January 1, 1973 to December 31, 1973
17%
January 1, 1972 to December 31, 1972
18%
January 1, 1971 to December 31, 1971
19%
January 1, 1970 to December 31, 1970
20%
January 1, 1969 to December 31, 1969
21%
January 1, 1968 to December 31, 1968
22%
January 1, 1967 to December 31, 1967
23%
Before January 1, 1967
24%
(2) The recalculated retirement allowance shall be the basis on which future adjustments to the retirement allowance are calculated.
(3) The supplement provided by this section shall be calculated pursuant to subsection (1) and shall be paid before October 1, 1996. However, for a retirant or beneficiary of a deceased retirant who is eligible to receive a supplement under this section, who is receiving a retirement allowance pursuant to service credited under the former judges retirement system, and who is receiving a retirement allowance pursuant to service credited under the former probate judges retirement system, the retirement system, pursuant to this section, shall only supplement the retirement allowance that is the largest in amount. If a retirant dies before October 1, 1996 and no benefits become payable under section 506 or 508, the retirant's retirement allowance shall not be supplemented under this section.
(4) This section does not apply to a retirant or beneficiary of a deceased retirant who received a supplement under section 16a of the former probate judges retirement system.
History:
Add. 1996, Act 350, Imd. Eff. June 28, 1996
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2601 - False Statement or Violation as Misdemeanor; Penalty.

38.2601 False statement or violation as misdemeanor; penalty.
Sec. 601.
A person who, with intent to deceive, makes a false statement in a report or record required under this retirement system, or who, with intent to deceive, violates this act or a rule promulgated under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2602 - Change or Error in Records; Adjustment.

38.2602 Change or error in records; adjustment.
Sec. 602.
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 have been entitled to receive had the records been correct, the retirement system shall as far as practical correct the error, and may adjust the payment to provide an actuarial equivalent of the benefit to which the retirant, retirement allowance beneficiary, refund beneficiary, estate, or legal representative was correctly entitled. The retirement system shall not make an adjustment in benefits for an error totaling $20.00 or less annually.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2603 - Retirement Board Member or Employee; Prohibited Acts.

38.2603 Retirement board member or employee; prohibited acts.
Sec. 603.
Except as provided in this act, a retirement board member or employee of the retirement board shall not have any interest, direct or indirect, in the gains or profits of any investments made of retirement system funds. Except as provided in section 202, a board member shall not, directly or indirectly, receive any pay for his or her services. A board member or person connected with the retirement board directly or indirectly, for himself or herself or as an agent or partner of others, shall not borrow any of the retirement system funds or deposits, or in any manner use retirement system funds except to make current and necessary payments that are authorized by the retirement board. A board member or employee of the retirement board shall not become an endorser of surety or become in any manner an obligor for money loaned by or borrowed from the retirement board.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2605 - Effect of Proceedings, Rights, and Liabilities Existing Under Former Judges Retirement System or Former Probate Judges Retirement System.

38.2605 Effect of proceedings, rights, and liabilities existing under former judges retirement system or former probate judges retirement system.
Sec. 605.
All proceedings pending and all rights and liabilities existing, acquired, or incurred under the former judges retirement system or former probate judges retirement system at the time this act takes effect are saved. Those proceedings shall be consummated pursuant to the law in effect when the proceedings were commenced. Those rights and liabilities shall be preserved pursuant to the law in effect on the day immediately preceding the effective date of this act. To the extent that either the kinds of benefits available under the former judges retirement system or former probate judges retirement system as in effect on the day immediately before the effective date of this act or the manner of calculating those benefits under the former judges retirement system or former probate judges retirement system results in a greater benefit of any kind than would otherwise be available under this act or include a benefit not otherwise available under this act, the determinations of those kinds of benefits available and the manner of calculating those benefits shall be made pursuant to the former judges retirement system or former probate judges retirement system for those members who participated in the retirement system as set forth in the former judges retirement system or former probate judges retirement system before the effective date of this act.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2606 - Transfer of Assets, Rights, and Obligations Under Former Retirement Systems to Judges Retirement System.

38.2606 Transfer of assets, rights, and obligations under former retirement systems to judges retirement system.
Sec. 606.
All assets, rights, and obligations under the former judges retirement system and former probate judges retirement system are transferred to this retirement system. These assets, rights, and obligations shall continue to be accounted for in the various reserves created under this retirement system and all rights and liabilities existing under the former judges retirement system and former probate judges retirement system are preserved.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2607 - Repeal of MCL 38.801 to 38.831, 38.901 to 38.933, and 600.2530a.

38.2607 Repeal of MCL 38.801 to 38.831, 38.901 to 38.933, and 600.2530a.
Sec. 607.
(1) Act No. 198 of the Public Acts of 1951, being sections 38.801 to 38.831 of the Michigan Compiled Laws and Act No. 165 of the Public Acts of 1954, being sections 38.901 to 38.933 of the Michigan Compiled Laws, are repealed.
(2) Section 2530a of Act No. 236 of the Public Acts of 1961, being section 600.2530a of the Michigan Compiled Laws, is repealed.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VI - (38.2601...38.2608) › Section 38.2608 - Conditional Effective Date.

38.2608 Conditional effective date.
Sec. 608.
This act shall not take effect unless House Bill No. 6097 of the 86th Legislature is enacted into law.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VII - (38.2651...38.2670) › Section 38.2651b - Election Pursuant to MCL 38.2651 or MCL 38.2651a.

***** 38.2651b THIS SECTION IS REPEALED BY ACT 215 OF 1999 EFFECTIVE ON THE DATE THE SETTLEMENT AGREEMENT IN THE CASE OF MICHIGAN JUDGES ASSN V TREASURER OF THE STATE OF MICHIGAN, CASE NO. 98-DT-72771-CV (ED MI), BECOMES OF NO FURTHER FORCE AND EFFECT, IS RENDERED NULL AND VOID, OR IS OTHERWISE TERMINATED *****
38.2651b Election pursuant to MCL 38.2651 or MCL 38.2651a.
Sec. 701b.
(1) A member who makes and files a written election under section 701a(1) or an individual who makes and files a written election under section 701(2) shall at the time of that election also make an election to do 1 of the following:
(a) To have 100% of his or her salary that is paid both directly and indirectly by this state for the position he or she holds be considered his or her salary in Tier 2.
(b) To have the portion of his or her salary that is considered compensation under Tier 1 on the day before his or her election continue to be the portion that is considered his or her salary in Tier 2.
(2) A member or individual who does not make the election described in subsection (1) at the time he or she makes the election under section 701a(1) or 701(2) is considered to have made the election described in subsection (1)(b). An election made by a member or individual under this section is irrevocable.
(3) Upon the request of a member, a reporting unit shall disclose to the member the effect an election under this section, if made, will have on the member's right as a retirant to health care benefits from that reporting unit.
(4) This section shall not apply until the department of management and budget receives notification from the United States internal revenue service that the salary election under this section is acceptable.
History:
Add. 1999, Act 215, Eff. May 30, 2000
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VII - (38.2651...38.2670) › Section 38.2653 - Calculation and Submission of Cost Savings.

38.2653 Calculation and submission of cost savings.
Sec. 703.
After consulting the retirement system's actuary, the department of management and budget shall calculate for each fiscal year any cost savings that have accrued to this state as a result of the implementation of the amendatory act that added this section over the costs that would have been incurred by this state to fund this retirement system had the amendatory act that added this section not been implemented. The total amount of such cost savings shall be submitted in the executive budget to the legislature for appropriation in the next succeeding state fiscal year to the reserve for health benefits created by section 214. Any amount appropriated pursuant to this section and accumulated earnings on those amounts shall not be expended until the actuarial accrued liability for health benefits under section 509 is 100% funded.
History:
Add. 1996, Act 523, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VII - (38.2651...38.2670) › Section 38.2654 - Meanings of Words and Phrases; “Accumulated Balance” Defined.

38.2654 Meanings of words and phrases; “accumulated balance” defined.
Sec. 704.
(1) For the purposes of this article, the words and phrases defined in this section and sections 705 to 710 have the meanings ascribed to them in those sections.
(2) "Accumulated balance" means the total balance in a qualified participant's, former qualified participant's, or refund beneficiary's individual account in Tier 2.
History:
Add. 1996, Act 523, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article VII - (38.2651...38.2670) › Section 38.2655 - “Employer,”“former Qualified Participant,” and “Health Benefit Dependent” Defined.

38.2655 “Employer,”“former qualified participant,” and “health benefit dependent” defined.
Sec. 705.
(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 former qualified participant's spouse, if any, and an unmarried child who is considered a dependent of the qualified or former qualified participant under section 152 of the internal revenue code, if any.
History:
Add. 1996, Act 523, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 215, Eff. May 30, 2000