reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.556d - Postretirement Adjustments Increasing Retirement Benefits.

38.556d Postretirement adjustments increasing retirement benefits.
Sec. 6d.
A municipality, by ordinance or in another manner provided by law, may adopt from time to time benefit programs providing for postretirement adjustments increasing retirement benefits. Such benefit programs may provide for 1-time postretirement percentage increases in retirement benefits; annual or other periodic postretirement percentage increases in retirement benefits; lump sum postretirement distributions; or any other method considered appropriate by the municipality. The retirement benefit payable after making an adjustment pursuant to the benefit program adopted shall be the new retirement benefit payable until the next adjustment, if any, is made.
History:
Add. 1987, Act 145, Imd. Eff. Oct. 26, 1987
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.556e - Mandatory Subjects of Bargaining.

38.556e Mandatory subjects of bargaining.
Sec. 6e.
Notwithstanding any other provisions of this act, any matter relating to the retirement system provided by this act, including, but not limited to, postretirement adjustment increases, applicable to current employees represented by a collective bargaining agent is a mandatory subject of bargaining under the public employment relations act, Act No. 336 of the Public Acts of 1947, being sections 423.201 to 423.216 of the Michigan Compiled Laws.
History:
Add. 1987, Act 145, Imd. Eff. Oct. 26, 1987
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.557 - “An Act of Duty,”“municipality” and “Transitional Public Employment Program” Defined.

38.557 “An act of duty,”“municipality” and “transitional public employment program” defined.
Sec. 7.
As used in this act:
(a) "An act of duty" means an act performed by a fire fighter or police officer arising out of and in the course of employment, or the performance of an act pertinent or incidental to the work of a fire fighter or police officer, regardless of time or place.
(b) "Municipality" includes a county, township, charter township, city, or incorporated village.
(c) "Transitional public employment program" means a public service employment program in the area of environmental quality, health care, education, public safety, crime prevention and control, prison rehabilitation, transportation, recreation, maintenance of parks, streets and other public facilities, solid waste removal, pollution control, housing and neighborhood improvements, rural development, conservation, beautification, veterans' outreach, or any other area of human betterment and community improvement as part of a program of comprehensive manpower services authorized, undertaken, and financed pursuant to the comprehensive employment and training act of 1973, 29 U.S.C. 801 to 992.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1945, Act 256, Eff. Sept. 6, 1945 ;-- CL 1948, 38.557 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951 ;-- Am. 1968, Act 210, Imd. Eff. June 24, 1968 ;-- Am. 1978, Act 421, Imd. Eff. Sept. 30, 1978
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.558 - Refunds of Salary Contributions.

38.558 Refunds of salary contributions.
Sec. 8.
Refunds of salary contributions:
(1) If a fire fighter or police officer dies before being placed on pension, the total amount of the member's salary deductions, with interest as the board may determine, but not to exceed 2% per annum, shall be payable to the person or persons that the member nominated by written designation duly executed and filed with the board. If there is no designated person or persons surviving, then the total of the member's salary deductions shall be paid to the member's legal representative or estate.
(2) If a fire fighter or police officer becomes separated from the service before being eligible for retirement, the member shall be paid the total of the member's contributions together with interest as the board may determine, but not to exceed 2% per annum credited to the member upon his or her written request for a refund. If the person again becomes employed by the city, village, or municipality as a police officer or fire fighter, he or she shall, within 1 year following his or her reemployment, repay to the retirement system the amount previously withdrawn together with interest at 2% per year.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1939, Act 210, Eff. Sept. 29, 1939 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.558 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951 ;-- Am. 1957, Act 52, Eff. Sept. 27, 1957 ;-- Am. 1989, Act 7, Imd. Eff. May 3, 1989
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.560 - Investments; Transfer and Disposition of Certain Assets.

38.560 Investments; transfer and disposition of certain assets.
Sec. 10.
Any and all cash assets and funds on hand not necessary for immediate payment of pensions or benefits under this act shall be invested subject to all the terms, conditions, limitations, and restrictions imposed by the statutes of this state upon life insurance companies in making and disposing of their investments, and as provided by law relating to investment authority of public employee retirement systems under Act No. 314 of the Public Acts of 1965, being sections 38.1132 to 38.1140i of the Michigan Compiled Laws, and any and all assets of every description of the pension or retirement fund created by any city, village, or municipality under this act shall be transferred and deposited to the credit of the newly created retirement system under this act.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.560 ;-- Am. 1965, Act 33, Eff. Mar. 31, 1966 ;-- Am. 1989, Act 7, Imd. Eff. May 3, 1989
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.561 - Referendum; Township or Charter Township.

38.561 Referendum; township or charter township.
Sec. 11.
At any time after this act shall become effective, any city, village or municipality having a paid or part paid fire or police department, may come under the provisions of this act and create a pension board hereunder by submitting the same to the electors of any such city, village or municipality at any regular or special election for adoption, in the manner provided by law for amending charters: Provided, That this act shall not become effective until the beginning of the next succeeding fiscal year after such adoption of the provisions of this act by any city, village or municipality: Provided further, That where no provision is made in the charter of the city, village or municipality for amending said charters, this act may be submitted for adoption in accordance with any law authorizing the amending of the charters of cities: Provided further, That in case of a township or charter township, this act shall be submitted to the qualified electors of such township or townships by the township board on the filing of a petition requesting the submission, signed by 10 per cent of the registered and qualified electors in such township or charter township, at any general election or special election called for that purpose by the township board, in accordance with the laws of this state, and this act shall be in force and effect in any such township or charter township if a majority of the electors voting on such proposition, as determined by the canvass of votes cast, shall vote in favor thereof.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1939, Act 210, Eff. Sept. 29, 1939 ;-- Am. 1945, Act 256, Eff. Sept. 6, 1945 ;-- CL 1948, 38.561 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.561a - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

38.561a Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 11a.
A petition under section 11, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 200, Eff. Mar. 23, 1999
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 345 of 1937 - Fire Fighters and Police Officers Retirement Act (38.551 - 38.562) › Section 38.562 - Membership of Retirement System.

38.562 Membership of retirement system.
Sec. 12.
(1) The membership of the retirement system created by a municipality affected by this act shall include each police officer and fire fighter employed by a municipality. A police officer or fire fighter, who is a member of the retirement system and who is transferred from the classification of a police officer or fire fighter to a civilian position within the police or fire department or who is transferred from the police or fire department of the municipality to another department of the municipality by an officer or body of the municipality authorized to make the transfer, shall continue as a member of this retirement system covering the police officers and fire fighters, and shall be subject to the provisions of the retirement system. If the officers and employees of the department to which the person is transferred are covered by an annuity pension or retirement system to which the municipality makes contributions and the person transferred becomes entitled to membership in that system, the person shall cease to be a member of this police officer and fire fighter retirement system.
(2) The membership of the retirement system shall not include a volunteer fire fighter, a privately employed police officer or fire fighter, a person temporarily employed during an emergency, a civilian employee of a police and fire department, or a person participating in a transitional public employment program, except as provided in subsection (1) and section 6c.
History:
1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1939, Act 210, Eff. Sept. 29, 1939 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.562 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951 ;-- Am. 1978, Act 421, Imd. Eff. Sept. 30, 1978
Popular Name:
Act 345
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 28 of 1966 - Firemen and Policemen Pensions (38.571 - 38.572) › Section 38.571 - Reserve Fund; Use of Interest for Medical, Hospital, or Nursing Care for System Member; "Reserve Fund" Defined.

38.571 Reserve fund; use of interest for medical, hospital, or nursing care for system member; "reserve fund" defined.
Sec. 1.
Subject to the protecting local government and retirement benefits act, the board of trustees with the approval of the governing body of the county, city, village, or township of any police and firemen retirement system, municipal employees retirement system, or county retirement system may use not more than 1/2 of the interest earned by any reserve fund in the system to contract for medical, hospital, or nursing care for any person receiving benefits of the system. As used in this section, "reserve fund" means the money contributed by the city, village, township, or county.
History:
1966, Act 28, Imd. Eff. May 3, 1966 ;-- Am. 1968, Act 201, Imd. Eff. June 24, 1968 ;-- Am. 2002, Act 602, Imd. Eff. Dec. 20, 2002 ;-- Am. 2017, Act 206, Imd. Eff. Dec. 20, 2017
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 28 of 1966 - Firemen and Policemen Pensions (38.571 - 38.572) › Section 38.572 - Computation of Liability for Regular Interest; Inclusions; Exclusions.

38.572 Computation of liability for regular interest; inclusions; exclusions.
Sec. 2.
The amount of interest used according to the provisions of this act shall be included as interest and other earnings on the money of the retirement system in the computation of any city, village, township, or county liability for regular interest. These supplemental benefits shall not be considered an increase in the rate of retirement allowances to be paid. They shall be on a year-to-year basis and shall not create a liability for their continuance.
History:
1966, Act 28, Imd. Eff. May 3, 1966 ;-- Am. 2002, Act 602, Imd. Eff. Dec. 20, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 276 of 1976 - Military Service Credits in Police and Firemen Retirement Systems (38.581 - 38.582) › Section 38.581 - Police or Fireman's Retirement System; Military Service Credit.

38.581 Police or fireman's retirement system; military service credit.
Sec. 1.
A city, village, or township which has a police or fireman's retirement system which is not included under Act No. 345 of the Public Acts of 1937, as amended, being sections 38.551 to 38.562 of the Michigan Compiled Laws, may provide for a military service credit, not to exceed 5 years, to a member of the retirement system employed subsequent to his service in the military.
History:
1976, Act 276, Imd. Eff. Oct. 14, 1976
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 276 of 1976 - Military Service Credits in Police and Firemen Retirement Systems (38.581 - 38.582) › Section 38.582 - Military Service Credit; Computation of Payment to Retirement System.

38.582 Military service credit; computation of payment to retirement system.
Sec. 2.
A member who elects to claim the service credit provided for in section 1 shall pay to the retirement system an amount, together with interest, equal to the annual contribution rate in effect at the time of his election multiplied by the period of military service claimed.
History:
1976, Act 276, Imd. Eff. Oct. 14, 1976
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Repealed - Act 135 of 1945 - Municipal Employees' Retirement Act (38.601 - 38.669)

MUNICIPAL EMPLOYEES' RETIREMENT ACT
Act 135 of 1945
38.601-38.669 Repealed. 1953, Act 213, Eff. Oct. 2, 1953;—1955, Act 160, Imd. Eff. June 7, 1955;—1969, Act 314, Imd. Eff. Aug. 14, 1969;—1980, Act 126, Imd. Eff. May 22, 1980;—1984, Act 427, Imd. Eff. Jan. 2, 1985.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 137 of 1967 - Combined Retirement Systems (38.691 - 38.691) › Section 38.691 - Agreement to Establish, Combine, and Finance Retirement Systems.

38.691 Agreement to establish, combine, and finance retirement systems.
Sec. 1.
Any 2 or more political subdivisions or other governmental instrumentalities created pursuant to state or local law may enter into an agreement to establish, combine, and finance retirement systems for their respective employees and officials, elected or appointed.
History:
1967, Act 137, Eff. Nov. 2, 1967 ;-- Am. 1979, Act 200, Imd. Eff. Jan. 2, 1980
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 339 of 1927 - City Library Employees' Retirement System (38.701 - 38.706) › Section 38.701 - City Library Employees' Retirement System; Establishment.

38.701 City library employees' retirement system; establishment.
Sec. 1.
The legislative body of any incorporated city of 250,000 or more (hereinafter referred to for the purposes of this act as the local legislative body), where free public libraries have been or may hereafter be established is hereby authorized, upon the application and recommendation of the local library board or commission or body duly authorized by law to maintain free public libraries in such city (hereinafter referred to for the purposes of this act as the library board), to establish a system of retiring allowances for the employes of such libraries which system shall be based upon the principle that there shall be accumulated, year by year, a reserve fund sufficient to provide the agreed annuity at the time of retirement. Upon the establishment of such system, the local legislative body shall raise by taxation each year a sum which will provide an adequate reserve fund.
History:
1927, Act 339, Imd. Eff. June 1, 1927 ;-- CL 1929, 8109 ;-- CL 1948, 38.701
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 339 of 1927 - City Library Employees' Retirement System (38.701 - 38.706) › Section 38.702 - Library Board; Submission of Retirement Plan to Local Legislative Body; Retirement Plan Subject to Protecting Local Government Retirement and Benefits Act.

38.702 Library board; submission of retirement plan to local legislative body; retirement plan subject to protecting local government retirement and benefits act.
Sec. 2.
(1) A library board described in section 1 that desires to establish a retirement system shall apply to the local legislative body and submit to the local legislative body for its approval and adoption a detailed plan for the retirement system, which must be based on the following provisions and conditions:
(a) It must enumerate the classes of employees to be included in the retirement system.
(b) Subject to subsection (2), it must fix the amount of the annual retirement allowance, the number of years of service necessary to entitle an employee to a retirement allowance, the age at which an employee may be retired, the nature and extent of the physical or mental disability that entitles an employee to retire before reaching the age of retirement, and the conditions on which the age of retirement may be anticipated.
(c) It must provide for a body to be known as the retirement fund trustees, which must consist of 5 members. Two members must be elected by the staff; 2 members must be appointed by the local legislative body; and the terms of office of the members must be 4 years, except that when the retirement system is first put into effect, the terms of office must be fixed so that 1 member's term expires each year. The fifth member must be, ex-officio, the presiding officer of the library board. The trustees shall have charge of the retirement allowance fund and shall invest the retirement allowance fund only in securities that are legal for savings banks. The trustees shall adopt any rules and bylaws that may be necessary and not inconsistent with the state constitution of 1963, laws of this state, and this act.
(d) There must be attached to the retirement system as may be recommended, the certificate of a recognized and competent actuary stating that the retirement system is actuarially sound, and the retirement system must provide for annual reports and valuations by the actuary to determine whether the fund is on a sound financial and actuarial basis.
(2) Notwithstanding anything in this act to the contrary, a retirement system established under this act is subject to the protecting local government retirement and benefits act.
History:
1927, Act 339, Imd. Eff. June 1, 1927 ;-- CL 1929, 8110 ;-- CL 1948, 38.702 ;-- Am. 2017, Act 212, Imd. Eff. Dec. 20, 2017
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 339 of 1927 - City Library Employees' Retirement System (38.701 - 38.706) › Section 38.703 - Approval of Plan by Legislative Body; Commencement.

38.703 Approval of plan by legislative body; commencement.
Sec. 3.
Upon the submission by said library board of a plan for a system of retiring allowances, the local legislative body shall take the same under consideration and shall then, in conference with said library board agree upon the details of said plan and if said plan so agreed upon differs from the one submitted, it shall, before adoption, be submitted to an actuary for report upon its financial and actuarial soundness and, if certified to be sound, may then be adopted. The plan shall then be put into operation at the beginning of the next fiscal year, unless an earlier date is agreed upon.
History:
1927, Act 339, Imd. Eff. June 1, 1927 ;-- CL 1929, 8111 ;-- CL 1948, 38.703
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 339 of 1927 - City Library Employees' Retirement System (38.701 - 38.706) › Section 38.704 - Annual Assessment for Retirement Allowance.

38.704 Annual assessment for retirement allowance.
Sec. 4.
When a system for retiring allowances has been agreed upon by the local legislative body and the library board and formally adopted by the former, then it shall be the duty of said local legislative body to raise by taxation each year, the sum found necessary to produce the retiring allowance fund required by the system adopted.
History:
1927, Act 339, Imd. Eff. June 1, 1927 ;-- CL 1929, 8112 ;-- CL 1948, 38.704
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 339 of 1927 - City Library Employees' Retirement System (38.701 - 38.706) › Section 38.705 - Reserve Fund and Annuities; Tax Exemption; Subject to Taxation Beginning January 1, 2012.

38.705 Reserve fund and annuities; tax exemption; subject to taxation beginning January 1, 2012.
Sec. 5.
(1) Except as otherwise provided in this section, if a system of retiring allowances is adopted under this act, the reserve fund created is exempt from all state, county, township, city, village, and school district taxes and the annuities payable to the members of the staff are exempt from all state, county, township, city, village, and school district taxes.
(2) Beginning January 1, 2012, the annuities payable to the members of the staff are subject to state taxes.
History:
1927, Act 339, Imd. Eff. June 1, 1927 ;-- CL 1929, 8113 ;-- CL 1948, 38.705 ;-- Am. 2011, Act 44, Imd. Eff. May 25, 2011
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 339 of 1927 - City Library Employees' Retirement System (38.701 - 38.706) › Section 38.706 - Municipal Employees' Retirement System; Coverage of Employees of Public Libraries.

38.706 Municipal employees' retirement system; coverage of employees of public libraries.
Sec. 6.
In lieu, however, of formulating any plan under the foregoing sections of this act the library board and the local legislative body may, by concurrent resolution, adopt and put into effect for the employes of the library any plan which may have been, or may hereafter be, adopted for the employes of the city.
History:
Add. 1935, Act 154, Imd. Eff. June 4, 1935 ;-- CL 1948, 38.706
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Repealed - Act 286 of 1907 - Salaries in State Institutions (38.761 - 38.764)

SALARIES IN STATE INSTITUTIONS
Act 286 of 1907
38.761-38.764 Repealed. 1964, Act 256, Eff. Aug. 28, 1964.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Repealed - Act 358 of 1913 - Vacations for State Employees (38.791 - 38.792)

VACATIONS FOR STATE EMPLOYEES
Act 358 of 1913
38.791,38.792 Repealed. 1964, Act 256, Eff. Aug. 28, 1964.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Repealed - Act 198 of 1951 - Judges' Retirement Act (38.801 - 38.831)

JUDGES' RETIREMENT ACT
Act 198 of 1951
38.801-38.831 Repealed. 1974, Act 337, Imd. Eff. Dec. 18, 1974;—Am. 1992, Act 234, Eff. Mar. 31, 1993.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 443 of 1980 - Calculation of Retirement Benefits by Local Units of Government (38.841 - 38.846) › Section 38.841 - Definitions.

38.841 Definitions.
Sec. 1.
As used in this act:
(a) "Local unit of government" means a county, city, township, or other political subdivision of this state which offers its employees a retirement plan in which a judge may be a member.
(b) "Judge" means a judge of the district court, the circuit court, or the recorder's court of the city of Detroit, who has converted a portion of his or her state salary standardization payment as an addition to his or her state base salary under section 14a or 14c of Act No. 198 of the Public Acts of 1951, as amended, being sections 38.814a and 38.814c of the Michigan Compiled Laws. For purposes of sections 2 and 6, "judge" also means a judge of the probate court.
History:
1980, Act 443, Eff. Sept. 1, 1981 ;-- Am. 1982, Act 509, Imd. Eff. Dec. 31, 1982 ;-- Am. 1984, Act 188, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 443 of 1980 - Calculation of Retirement Benefits by Local Units of Government (38.841 - 38.846) › Section 38.842 - Computing Retirement Benefits for Judge Employed by Local Unit of Government.

38.842 Computing retirement benefits for judge employed by local unit of government.
Sec. 2.
A local unit of government, for the purpose of computing retirement benefits of an employee who is a judge, shall use a figure which is the difference between the figure otherwise used under the local unit's retirement plan to compute retirement benefits, and those portions, if any, of the state salary standardization payment which are converted as an addition to the judge's state base salary for the purpose of computation of retirement benefits pursuant to sections 14a and 14c of Act No. 198 of the Public Acts of 1951, being sections 38.814a and 38.814c of the Michigan Compiled Laws.
History:
1980, Act 443, Eff. Sept. 1, 1981 ;-- Am. 1982, Act 509, Imd. Eff. Dec. 31, 1982 ;-- Am. 1984, Act 188, Imd. Eff. July 3, 1984
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 443 of 1980 - Calculation of Retirement Benefits by Local Units of Government (38.841 - 38.846) › Section 38.843 - Conditional Effective Date; Adoption of Resolutions by City of Detroit and County of Wayne Assuming Responsibility for Expenses; Effect of Action.

38.843 Conditional effective date; adoption of resolutions by city of Detroit and county of Wayne assuming responsibility for expenses; effect of action.
Sec. 3.
(1) This amendatory act shall not take effect unless the city of Detroit and the county of Wayne, by resolutions adopted not later than May 1, 1981, by the governing bodies of the city and the county, respectively, agree to assume responsibility for any expenses required of the city or the county by this amendatory act and the bills listed in enacting section 4 which are enacted and take effect.
(2) If the city of Detroit and the county of Wayne, acting through their governing bodies, agree to assume responsibility for any expenses required of the city and the county by this amendatory act and the bills listed in enacting section 4 which are enacted and take effect, that action constitutes an exercise of the city's and the county's option to provide a new activity or service or to increase the level of activity or service offered in the city of Detroit and the county of Wayne beyond that required by existing law, as the elements of that option are defined by Act No. 101 of the Public Acts of 1979, being sections 21.231 to 21.244 of the Michigan Compiled Laws, and a voluntary acceptance by the city and the county of all expenses and capital improvements which may result from establishment of the district court in the thirty-sixth district and the reorganization of the circuit court in the third judicial circuit and the recorder's court of the city of Detroit. However, the exercise of the option does not affect the state's obligation to pay the same portion of each district or circuit judge's salary which is paid by the state to the other district or circuit judges, or to appropriate and disburse funds to the district control units, city, or county, for the necessary costs of state requirements established by a state law, other than this amendatory act or the bills listed in enacting section 4, which becomes effective on or after December 23, 1978.
History:
1980, Act 443, Eff. Sept. 1, 1981
Compiler's Notes:
The words “this amendatory act” and “enacting section 4” appearing in this section evidently should read “this act” and “section 4”, respectively.The resolutions referred to in this section were adopted by the city council of the city of Detroit on April 29, 1981, and by the board of commissioners of the county of Wayne on April 30, 1981.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 443 of 1980 - Calculation of Retirement Benefits by Local Units of Government (38.841 - 38.846) › Section 38.844 - Conditional Effective Date.

38.844 Conditional effective date.
Sec. 4.
This amendatory act shall not take effect unless the following bills of the 1980 regular session of the legislature are enacted into law:
(a) House Bill No. 4789.
(b) House Bill No. 5630.
(c) House Bill No. 5711.
(d) House Bill No. 5748.
(e) Senate Bill No. 1106.
History:
1980, Act 443, Eff. Sept. 1, 1981
Compiler's Notes:
“This amendatory act” at the beginning of this section evidently should read “This act”.The following House and Senate Bills, referred to in this section, were enacted into law as follows:House Bill No. 4789 was approved by the Governor on January 15, 1981, and became P.A. 1980, No. 439.House Bill No. 5630 was approved by the Governor on January 15, 1981, and became P.A. 1980, No. 440.House Bill No. 5711 was approved by the Governor on January 15, 1981, and became P.A. 1980, No. 441.House Bill No. 5748 was approved by the Governor on January 15, 1981, and became P.A. 1980, No. 442.Senate Bill No. 1106 was approved by the Governor on January 15, 1981, and became P.A. 1980, No. 438.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 443 of 1980 - Calculation of Retirement Benefits by Local Units of Government (38.841 - 38.846) › Section 38.845 - Effective Date.

38.845 Effective date.
Sec. 5.
This act shall take effect September 1, 1981.
History:
1980, Act 443, Eff. Sept. 1, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 443 of 1980 - Calculation of Retirement Benefits by Local Units of Government (38.841 - 38.846) › Section 38.846 - Sum of Salary or Compensation Figure Used for Determining Retirement Benefit and Final Salary of Probate Court Judge Not to Exceed Total Annual Judicial Salary at Retirement.

38.846 Sum of salary or compensation figure used for determining retirement benefit and final salary of probate court judge not to exceed total annual judicial salary at retirement.
Sec. 6.
Beginning September 1, 1981, the sum of the salary or compensation figure used by a retirement plan offered by a local unit of government subject to this act as the basis for determining a judge's retirement benefit as a member of that plan and the final salary determined for the judge pursuant to Act No. 198 of the Public Acts of 1951, as amended, being sections 38.801 to 38.830 of the Michigan Compiled Laws, or Act No. 165 of the Public Acts of 1954, as amended, being sections 38.901 to 38.933 of the Michigan Compiled Laws, if the judge is a judge of the probate court, shall not exceed the judge's total annual judicial salary payable from all sources at the time of his or her retirement. This section shall not be construed to diminish or impair an accrued financial benefit.
History:
Add. 1982, Act 509, Imd. Eff. Dec. 31, 1982
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.851 - Federal Social Security Old-Age and Survivors Insurance Coverage; Extension to Public Employees; Maintenance of Benefits.

38.851 Federal social security old-age and survivors insurance coverage; extension to public employees; maintenance of benefits.
Sec. 1.
In order to extend to employees of the state of Michigan and its political subdivisions and to the dependents and survivors of such employees, the provisions of old-age and survivors insurance system embodied in the social security act, it is hereby declared to be agreeable to the state, subject to the limitations of this act, that such steps be taken as to provide such coverage to employees of the state and its political subdivisions, on as broad a basis as permitted by title II of the social security act.
In the event the positions of any coverage group covered by any public retirement system shall become covered under old-age and survivors insurance, then the aggregate benefits, old-age and survivors insurance and those of the public retirement system combined, for such public employees in positions covered by a retirement system on January 1, 1955, and for those receiving or entitled to receive periodic benefits from such retirement systems on January 1, 1955, shall not be less than the benefits provided by their respective retirement acts, charters, ordinances, or other official instruments of coverage in effect on January 1, 1955.
History:
1951, Act 205, Imd. Eff. June 14, 1951 ;-- Am. 1955, Act 39, Imd. Eff. Apr. 21, 1955
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.854 - Extension of Social Security; Joint Action With Other States.

38.854 Extension of social security; joint action with other states.
Sec. 4.
Any instrumentality jointly created by this state and any other state or states is hereby authorized, upon the granting of like authority by such other state or states, (a) to enter into an agreement with the secretary of health, education, and welfare whereby the benefits of the federal old-age and survivors insurance system shall be extended to employees of such instrumentality, (b) to require its employees to pay (and for that purpose to deduct from their wages) contributions equal to the amounts which they would be required to pay under section 5 if they were covered by an agreement made pursuant to section 3, and (c) to make payments to the secretary of the treasury in accordance with such agreement, including payments from its own funds, and otherwise to comply with such agreements. Such agreement shall, to the extent practicable, be consistent with the terms and provisions of section 3 and other provisions of this act.
History:
1951, Act 205, Imd. Eff. June 14, 1951 ;-- Am. 1955, Act 39, Imd. Eff. Apr. 21, 1955
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.855 - Employee Contributions Required.

38.855 Employee contributions required.
Sec. 5.
Every employee of the state, including public school employees as defined under section 2 (c) of this act, whose services are covered by an agreement entered into under section 3 shall be required to pay for the period of such coverage, into the contribution fund established by section 13, at such time or times as the secretary of health, education, and welfare may by regulation prescribe, amounts equivalent to the sum of the taxes which would be imposed under the federal insurance contributions act if the services of employees covered by this agreement constituted employment as defined in such act.
History:
1951, Act 205, Imd. Eff. June 14, 1951 ;-- Am. 1955, Act 39, Imd. Eff. Apr. 21, 1955 ;-- Am. 1957, Act 161, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.856 - Employee Contributions; Payroll Deduction.

38.856 Employee contributions; payroll deduction.
Sec. 6.
The contribution imposed by section 5 shall be collected by the state treasurer by deducting the amount of the contribution from wages as and when paid, but failure to make such deduction shall not relieve the employee from liability for such contribution. The contributions so collected shall be turned over to the contribution fund established under section 13 of this act.
History:
1951, Act 205, Imd. Eff. June 14, 1951 ;-- Am. 1961, Act 83, Eff. Sept. 8, 1961
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.857 - Employee Contributions; Adjustments, Refunds.

38.857 Employee contributions; adjustments, refunds.
Sec. 7.
If more or less than the correct amount of the contribution imposed by section 5 is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made in such manner and at such times as the department shall prescribe.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.859 - Political Subdivision; Plan to Provide for Appropriations to Contribution Fund.

38.859 Political subdivision; plan to provide for appropriations to contribution fund.
Sec. 9.
Each plan made under section 8 shall provide that the political subdivision will appropriate to the contribution fund created under section 13 of this act for each year that the plan is in effect an amount equal to the subdivision's share of the cost of administration of this act by the department, such amount to be not greater than 5 per centum of the contributions made by the subdivision under the requirements of section 11.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.860 - Nonapproval of Plan; Notice, Hearing; Review by Supreme Court.

38.860 Nonapproval of plan; notice, hearing; review by supreme court.
Sec. 10.
The department shall not finally refuse to approve a plan submitted by a political subdivision under section 8, and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby. The findings of fact made by the department acting within its power shall, in the absence of fraud, be conclusive, but the Michigan supreme court shall have power to review all questions of law involved in any such proceedings of the department: Provided, That application for such review be made by the aggrieved political subdivision within such time after a final determination by the department, as may be prescribed by statute or rule of said court.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.862 - Delinquent Payments; Recovery With Interest From Political Subdivision.

38.862 Delinquent payments; recovery with interest from political subdivision.
Sec. 12.
Delinquent payments due under section 11(a), with interest at a rate established by the department, but not to exceed the interest rate required under federal law to be paid by the state on delinquent social security taxes, may be recovered in an action in the circuit court against the political subdivision liable for the payment, or shall at the request of the department be deducted from any other money payable to the political subdivision by any department or agency of the state.
History:
1951, Act 205, Imd. Eff. June 14, 1951 ;-- Am. 1984, Act 313, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.863 - Contribution Fund; Establishment; Deposits.

38.863 Contribution fund; establishment; deposits.
Sec. 13.
There is established in the state treasury a special fund to be known as the contribution fund. The fund shall consist of and there shall be deposited in the fund all of the following:
(a) All contributions, interest, and penalties collected under sections 5, 8, 10, and 11.
(b) All money appropriated under this act.
(c) Any property or securities acquired through the use of money belonging to the fund.
(d) All sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other money received for the fund from any other source. All money received in the fund under this section shall be mingled and undivided, except as provided in section 14. Subject to the provisions of this act, the department is vested with full power, authority, and jurisdiction over the fund, including all money and property or securities belonging to the fund, and may perform any and all acts whether or not specifically designated, which are necessary to the administration of the fund and are consistent with the provisions of this act. Interest earnings on cash balances shall not be deposited in the fund.
History:
1951, Act 205, Imd. Eff. June 14, 1951 ;-- Am. 1980, Act 484, Imd. Eff. Jan. 20, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.864 - Contribution Fund; Administrative Account, Establishment, Deposits.

38.864 Contribution fund; administrative account, establishment, deposits.
Sec. 14.
There shall be established within the contribution fund a separate account to be known as the administrative account. This account shall consist of, and there shall be deposited therein, all moneys received under sections 9 and 18. All moneys received in the administrative account shall be mingled and undivided.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.865 - Contribution Fund; Segregation; Withdrawals.

38.865 Contribution fund; segregation; withdrawals.
Sec. 15.
The contribution fund shall be established and held separate and apart from any other funds or moneys of the state and shall be used and administered exclusively for the purpose of this act. Withdrawals from such fund shall be made for, and solely for (a) payment of amounts required to be paid to the secretary of the treasury pursuant to an agreement entered into under section 3; (b) payment of refunds provided for in section 7 of this act; (c) the expenses of administration of this act; and (d) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality, including overpayments of their share of the cost of administration of this act made under section 9.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.866 - Contribution Fund; Payments to Secretary of Treasury.

38.866 Contribution fund; payments to secretary of treasury.
Sec. 16.
From the contribution fund the custodian of the fund shall pay to the secretary of the treasury of the United States such amounts as are provided under the agreement entered into under section 3 and the social security act, at such time or times as the department directs.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.867 - Contribution Fund; Administration.

38.867 Contribution fund; administration.
Sec. 17.
The treasurer of the state shall be ex-officio treasurer and custodian of the contribution fund and shall administer such fund in accordance with the provisions of this act and the directions of the department and shall pay all warrants drawn upon it in accordance with the provisions of this act and with such regulations as the department may prescribe pursuant thereto.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.868 - Annual Appropriation to Contribution Fund for Payments to Secretary of Treasury.

38.868 Annual appropriation to contribution fund for payments to secretary of treasury.
Sec. 18.
There are hereby authorized to be appropriated annually to the contribution fund, in addition to the contributions collected and paid into the contribution fund under sections 5, 11 and 12, to be available for the purposes of section 15 and section 16 until expended, such additional sums as are found to be necessary in order to make the payments to the secretary of the treasury of the United States which the state is obligated to make pursuant to the agreement entered into under section 3.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.869 - Appropriation of All Contributions to Contribution Fund.

38.869 Appropriation of all contributions to contribution fund.
Sec. 19.
For the purpose of administering the provisions of this act, there are hereby appropriated to the department all contributions made to the contribution fund under section 9 and there is authorized to be appropriated from the general fund for each fiscal year an amount necessary to pay the state's proportionate share of the cost of administration of this act.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 205 of 1951 - Social Security for Public Employees (38.851 - 38.871) › Section 38.870 - Rules and Regulations.

38.870 Rules and regulations.
Sec. 20.
The department shall make and publish such rules and regulations, not inconsistent with the provisions of this act, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this act.
History:
1951, Act 205, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Repealed - Act 165 of 1954 - Probate Judges Retirement Act (38.901 - 38.933)

PROBATE JUDGES RETIREMENT ACT
Act 165 of 1954
38.901-38.933 Repealed. 1976, Act 324, Imd. Eff. Dec. 8, 1976;—1992, Act 234, Eff. Mar. 31, 1993.
Compiler's Notes:
Sec. 16 was amended by, and Secs. 16a and 16b were added by, Act 11 of 1993, effective March 31, 1993.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1001 - Retirement System; Creation.

38.1001 Retirement system; creation.
Sec. 1.
A retirement system to establish a means of providing retirement allowances, survivors' allowances, and other benefits for members and their survivors and other beneficiaries, is created.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1960, Act 113, Eff. Aug. 17, 1960 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1002 - Michigan Legislative Retirement System; Name.

38.1002 Michigan legislative retirement system; name.
Sec. 2.
The retirement system created by section 1 shall be known as the "Michigan legislative retirement system" and all affairs and business of the system shall be transacted in such name.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1003 - Construction of Terms.

38.1003 Construction of terms.
Sec. 3.
For the purposes of this act the words specified in any section or sections shall have the meanings set forth in such section or sections, unless different meanings are plainly indicated by their context.
History:
1957, Act 261, Eff. Sept. 27, 1957