reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article III - Continuing Tenure. (38.91...38.93.amended) › Section 38.93 - Teacher on Continuing Tenure; Annual Year-End Performance Evaluation; Individualized Development Plan.

***** 38.93 THIS SECTION IS AMENDED EFFECTIVE JULY 1, 2024: See 38.93.amended *****
38.93 Teacher on continuing tenure; annual year-end performance evaluation; individualized development plan.
Sec. 3.
The controlling board of the school district employing a teacher on continuing tenure shall ensure that the teacher is provided with an annual year-end performance evaluation in accordance with section 1249 of the revised school code, 1976 PA 451, MCL 380.1249. If the teacher has received a rating of ineffective or minimally effective on an annual year-end performance evaluation, the school district shall provide the teacher with an individualized development plan developed by appropriate administrative personnel in consultation with the individual teacher. The individualized development plan shall require the teacher to make progress toward individual development goals within a specified time period, not to exceed 180 days. The annual year-end performance evaluation shall be based on multiple classroom observations conducted during the period covered by the evaluation and shall include, in addition to the factors required under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249, at least an assessment of the teacher's progress in meeting the goals of his or her individualized development plan. The controlling board shall determine the format and number of the classroom observations in consultation with teachers and school administrators.
History:
Add. 1993, Act 59, Imd. Eff. June 11, 1993 ;-- Am. 2011, Act 101, Imd. Eff. July 19, 2011
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article III - Continuing Tenure. (38.91...38.93.amended) › Section 38.93.amended - Teacher on Continuing Tenure; Year-End Performance Evaluation; Individualized Development Plan.

***** 38.93.amended THIS AMENDED SECTION IS EFFECTIVE JULY 1, 2024 *****
38.93.amended Teacher on continuing tenure; year-end performance evaluation; individualized development plan.
Sec. 3.
The controlling board of the school district employing a teacher on continuing tenure shall ensure that the teacher is provided with a year-end performance evaluation in accordance with section 1249 of the revised school code, 1976 PA 451, MCL 380.1249. If the teacher has received a needing-support rating on a year-end performance evaluation, the school district shall provide the teacher with an individualized development plan developed by appropriate administrative personnel in consultation with the individual teacher. The individualized development plan must require the teacher to make progress toward individual development goals within a specified time period, not to exceed 180 days. The year-end performance evaluation must be based on multiple classroom observations conducted during the period covered by the evaluation and must include, in addition to the factors required under section 1249 of the revised school code, 1976 PA 451, MCL 380.1249, at least an assessment of the teacher's progress in meeting the goals of the teacher's individualized development plan. The controlling board shall determine the format and number of the classroom observations in consultation with teachers and school administrators.
History:
Add. 1993, Act 59, Imd. Eff. June 11, 1993 ;-- Am. 2011, Act 101, Imd. Eff. July 19, 2011 ;-- Am. 2023, Act 225, Eff. July 1, 2024
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article IV - Discharge, Demotion or Retirement. (38.101...38.105) › Section 38.101 - Teacher on Continuing Tenure; Discharge, Demotion, or Retirement; Continuation of Contracts of Teachers Over Retirement Age.

38.101 Teacher on continuing tenure; discharge, demotion, or retirement; continuation of contracts of teachers over retirement age.
Sec. 1.
(1) Except as otherwise provided in section 1a of this article, discharge or demotion of a teacher on continuing tenure may be made only for a reason that is not arbitrary or capricious and only as provided in this act.
(2) This act does not prevent any controlling board from establishing a reasonable policy for retirement to apply equally to all teachers who are eligible for retirement under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, or, having established a reasonable retirement age policy, from temporarily continuing on a year-to-year basis on criteria equally applied to all teachers the contract of any teacher whom the controlling board might wish to retain beyond the established retirement age for the benefit of the school system.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- Am. 1941, Act 119, Imd. Eff. May 23, 1941 ;-- CL 1948, 38.101 ;-- Am. 1966, Act 15, Imd. Eff. Apr. 6, 1966 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993 ;-- Am. 2005, Act 136, Eff. Jan. 1, 2006 ;-- Am. 2011, Act 100, Imd. Eff. July 19, 2011
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article IV - Discharge, Demotion or Retirement. (38.101...38.105) › Section 38.101a - Teacher Rights Subject to MCL 380.1230d and 380.1535a.

38.101a Teacher rights subject to MCL 380.1230d and 380.1535a.
Sec. 1a.
The rights of a teacher on continuing tenure under this article are subject to sections 1230d(4) and 1535a(4) and (5) of the revised school code, 1976 PA 451, MCL 380.1230d and 380.1535a. For the purposes of this article, a conviction of a violation of section 1230d of the revised school code, 1976 PA 451, MCL 380.1230d, or a violation of 1 of the crimes listed in section 1535a(1) of the revised school code, 1976 PA 451, MCL 380.1535a, is considered to be reasonably and adversely related to the ability of the person to serve in an elementary or secondary school and is sufficient grounds to support the discharge or demotion of a teacher on continuing tenure.
History:
Add. 2005, Act 124, Eff. Jan. 1, 2006
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article IV - Discharge, Demotion or Retirement. (38.101...38.105) › Section 38.102 - Charges Against Teacher; Filing With Controlling Board; Decision to Proceed Upon Charges; Written Statement of Charges and Teacher's Rights.

38.102 Charges against teacher; filing with controlling board; decision to proceed upon charges; written statement of charges and teacher's rights.
Sec. 2.
All charges against a teacher shall be made in writing, signed by the person making the charges, and filed with the secretary, clerk, or other designated officer of the controlling board, and a copy of the charges shall be provided to the teacher. The charges shall specify a proposed outcome of either discharge or a specific demotion of the teacher. The controlling board shall decide whether or not to proceed upon the charges, or may modify the charges and decide to proceed upon the charges as modified, not later than 10 days after the charges are filed with the controlling board. A decision to proceed upon the charges shall not be made except by a majority vote of the controlling board and shall be reduced to writing. The controlling board, if it decides to proceed upon the charges, shall furnish the teacher not later than 5 days after deciding to proceed upon the charges with the written decision to proceed upon the charges, a written statement of the charges and a statement of the teacher's rights under this article.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.102 ;-- Am. 1967, Act 216, Imd. Eff. July 10, 1967 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article IV - Discharge, Demotion or Retirement. (38.101...38.105) › Section 38.105 - Repealed. 2011, Act 101, Imd. Eff. July 19, 2011.

38.105 Repealed. 2011, Act 101, Imd. Eff. July 19, 2011.
Compiler's Notes:
The repealed section pertained to appointment of teacher on continuing tenure to first vacancy in school district.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article V - Resignation and Leave of Absence. (38.111...38.112) › Section 38.111 - Resignation or Leave of Absence; Notice Required.

38.111 Resignation or leave of absence; notice required.
Sec. 1.
No teacher on continuing tenure shall discontinue his services with any controlling board except by mutual consent, without giving a written notice to said controlling board at least 60 days before September first of the ensuing school year. Any teacher discontinuing his services in any other manner than as provided in this section shall forfeit his rights to continuing tenure previously acquired under this act.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.111
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article V - Resignation and Leave of Absence. (38.111...38.112) › Section 38.112 - Leave of Absence; Physical or Mental Disability; Reinstatement.

38.112 Leave of absence; physical or mental disability; reinstatement.
Sec. 2.
(1) Any controlling board upon written request of a teacher may grant leave of absence for a period not to exceed 1 year, subject to renewal at the will of the board. Additionally, a controlling board may grant a leave of absence because of physical or mental disability without receiving a written request from a teacher for a period not to exceed 1 year, subject to renewal at the will of the controlling board. A teacher who is placed on an unrequested leave of absence has the right to a hearing on the unrequested leave of absence in accordance with the provisions for a hearing in section 4 of article IV. A leave of absence does not serve to terminate continuing tenure previously acquired under this act.
(2) As a condition to reinstating the teacher at the expiration of the leave of absence, a controlling board may require a teacher who is on an unrequested leave of absence due to physical or mental disability to furnish verification acceptable to the controlling board of the teacher's ability to perform his or her essential job functions.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.112 ;-- Am. 2011, Act 100, Imd. Eff. July 19, 2011
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VI - Right to Appeal. (38.121...38.121) › Section 38.121 - Appeal to State Tenure Commission; Notice; Hearing.

38.121 Appeal to state tenure commission; notice; hearing.
Sec. 1.
A teacher who has achieved continuing tenure status may appeal to the tenure commission any decision of a controlling board under this act, other than a decision governed by article IV on discharge or demotion of a teacher on continuing tenure, within 20 days from the date of the decision. The tenure commission shall provide for a hearing on the appeal. Notice and conduct of the hearing shall be the same as provided in article IV and in rules promulgated by the tenure commission.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.121 ;-- Am. 1963, Act 242, Eff. Sept. 6, 1963 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993
Popular Name:
Teachers' Tenure Act
Admin Rule:
R 38.131 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.131 - State Tenure Commission; Creation, Membership; Superintendent as Ex-Officio Secretary; Legal Advisor.

38.131 State tenure commission; creation, membership; superintendent as ex-officio secretary; legal advisor.
Sec. 1.
There is hereby created a state tenure commission of 5 members: 2 of whom shall be classroom instructors, 1 a member of a board of education of a graded or city school district, 1 a person not a member of a board of education or a teacher, and 1 a superintendent of schools. The superintendent of public instruction shall be ex officio secretary of the commission, and the attorney general shall assign to the commission an assistant who shall be legal advisor to the commission.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.131 ;-- Am. 1963, Act 242, Eff. Sept. 6, 1963
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.132 - Tenure Commission; Members, Appointment, Terms, Vacancies.

38.132 Tenure commission; members, appointment, terms, vacancies.
Sec. 2.
Within 30 days after the effective date of this act, the governor shall appoint the members of the tenure commission for the following terms: One for a term of 3 years, 1 for a term of 2 years and 1 for a term of 1 year. Each term shall begin on the first day of September. Immediately preceding the expiration of their respective terms the governor shall appoint succeeding members of the tenure commission for terms of 5 years. In the event of a vacancy on the tenure commission the governor shall immediately appoint a successor to complete the unexpired term.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.132
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.133 - Tenure Commission; Geographical Qualifications of Members.

38.133 Tenure commission; geographical qualifications of members.
Sec. 3.
Not more than 1 member of the tenure commission shall be appointed from any 1 school district.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.133
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.134 - Tenure Commission; Qualifications of Teacher Member.

38.134 Tenure commission; qualifications of teacher member.
Sec. 4.
Any teacher appointed to the tenure commission after September 1, 1938, must be on continuing tenure.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.134
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.135 - Tenure Commission; Membership of Teacher Not to Affect Tenure.

38.135 Tenure commission; membership of teacher not to affect tenure.
Sec. 5.
Membership on the state tenure commission shall not adversely affect the status of the teacher's tenure with a controlling board.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.135
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.136 - Tenure Commission; Times and Places of Meetings; Conducting Business at Public Meeting; Notice of Meeting.

38.136 Tenure commission; times and places of meetings; conducting business at public meeting; notice of meeting.
Sec. 6.
(1) The tenure commission shall meet twice a year at stated times in the city of Lansing, and at other times and in other places as determined by the commission.
(2) The business which the commission may perform shall be conducted in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.136 ;-- Am. 1977, Act 252, Imd. Eff. Dec. 6, 1977
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.137 - Tenure Commission; Powers.

38.137 Tenure commission; powers.
Sec. 7.
The tenure commission is hereby vested with such powers as are necessary to carry out and enforce the provisions of this act.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.137
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.138 - Tenure Commission; Compensation and Expenses.

38.138 Tenure commission; compensation and expenses.
Sec. 8.
The per diem compensation of the state tenure commission and the schedule for reimbursement of expenses shall be established annually by the legislature.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.138 ;-- Am. 1965, Act 8, Imd. Eff. Apr. 8, 1965 ;-- Am. 1975, Act 56, Imd. Eff. May 20, 1975
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.139 - Tenure Commission; Board of Review for Cases Appealed From Decision of Controlling Board; Location of Records; Availability of Certain Writings to Public.

38.139 Tenure commission; board of review for cases appealed from decision of controlling board; location of records; availability of certain writings to public.
Sec. 9.
(1) The tenure commission shall act as a board of review for all cases appealed from the decision of a controlling board. All records of the tenure commission shall be kept in the office of the superintendent of public instruction.
(2) A writing prepared, owned, used in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.139 ;-- Am. 1963, Act 242, Eff. Sept. 6, 1963 ;-- Am. 1977, Act 252, Imd. Eff. Dec. 6, 1977 ;-- Am. 1993, Act 60, Eff. Oct. 1, 1993
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.140 - Tenure Commission; Organizational Meeting, Election of Officers, Rules and Regulations.

38.140 Tenure commission; organizational meeting, election of officers, rules and regulations.
Sec. 10.
Within 30 days after the effective date of this act, the tenure commission shall hold a meeting in the city of Lansing for the purpose of organization and the election of a chairman and secretary, both of whom shall be members of the commission. The tenure commission shall draw up rules and regulations and shall have the power to amend same and to provide for the conduct of its affairs in such manner as shall be consistent with the provisions of this act.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.140
Popular Name:
Teachers' Tenure Act
Admin Rule:
R 38.131 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VII - State Tenure Commission. (38.131...38.141) › Section 38.141 - Repealed. 1965, Act 8, Imd. Eff. Apr. 8, 1965.

38.141 Repealed. 1965, Act 8, Imd. Eff. Apr. 8, 1965.
Compiler's Notes:
The repealed section provided two-year appropriation for expenses of the tenure commission.
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VIII - Districts. (38.151...38.152) › Section 38.151 - Application of Act.

38.151 Application of act.
Sec. 1.
This act shall apply to all school districts of the state.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.151 ;-- Am. 1964, Act 2, Eff. Aug. 28, 1964
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article VIII - Districts. (38.151...38.152) › Section 38.152 - Repealed. 1964, Act 2, Eff. Aug. 28, 1964.

38.152 Repealed. 1964, Act 2, Eff. Aug. 28, 1964.
Compiler's Notes:
The repealed section provided that school district board shall notify the superintendent of public instruction of results of election.
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article IX - Penalty. (38.161...38.161) › Section 38.161 - Violation of Act; Penalty.

38.161 Violation of act; penalty.
Sec. 1.
Failure of any member of a controlling board to comply with any provisions of this act shall be deemed a violation of the law and shall subject said member to the same penalty as prescribed for a violation of the general school law.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.161
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article X - Inconsistent Acts. (38.172...38.172) › Section 38.172 - Teachers; Waiver of Rights in Contracts Prohibited.

38.172 Teachers; waiver of rights in contracts prohibited.
Sec. 2.
No teacher may waive any rights and privileges under this act in any contract or agreement made with a controlling board. In the event that any section or sections of a contract or agreement entered into between a teacher and a controlling board make continuance of employment of such teacher contingent upon certain conditions which may be interpreted as contrary to the reasonable and just causes for dismissals, provided by this act, such section or sections of a contract or agreement shall be invalid and of no effect in relation to determination of continuance of employment of such teacher.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.172
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 4 of 1937 (Ex. Sess.) - Teachers' Tenure (38.71 - 38.191) › Article XII - (38.191...38.191) › Section 38.191 - Effective Date.

38.191 Effective date.
Sec. 1.
This act shall take effect and be in force from and after September first, 1937.
History:
1937, Ex. Sess., Act 4, Eff. Sept. 1, 1937 ;-- CL 1948, 38.191
Popular Name:
Teachers' Tenure Act
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Repealed - Act 136 of 1945 - Public School Employees Retirement Act (38.201 - 38.366)

PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT
Act 136 of 1945
38.201-38.366 Repealed. 1951, Act 207, Imd. Eff. June 14, 1951;—1956, Act 144, Imd. Eff. Apr. 16, 1956;—1965, Act 167, Imd. Eff. July 15, 1965;—1972, Act 100, Eff. Mar. 30, 1973;—1974, Act 244, Imd. Eff. Aug. 1, 1974;—1974, Act 259, Eff. July 1, 1975;—1976, Act 104, Imd. Eff. May 2, 1976;—1976, Act 357, Imd. Eff. Dec. 23, 1976;—1977, Act 58, Imd. Eff. July 12, 1977;—1980, Act 300, Imd. Eff. Oct. 31, 1980.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1958 - Wayne State University Employee Retirement System (38.371 - 38.376) › Section 38.371 - Wayne State University Employee Retirement System; Definitions.

38.371 Wayne state university employee retirement system; definitions.
Sec. 1.
As used in this act:
(a) "Board of governors" means the board of governors of Wayne state university.
(b) "Board of education" means the board of education of the city of Detroit.
(c) "Retirement commission" means the retirement commission of the employee retirement system of the school district of the city of Detroit.
(d) "Retirement system" means the employee retirement system of the school district of the city of Detroit created and established by chapter 2 of Act No. 136 of the Public Acts of 1945, as amended, being sections 38.301 to 38.355 of the Compiled Laws of 1948.
(e) "Wayne service" means creditable service of an employee of the board of education who has been transferred to Wayne state university and includes creditable service prior to such transfer and service as an employee of the board of governors of Wayne state university thereafter.
(f) "Wayne retirement allowance" means the annuity, pension or retirement allowance payable to a person on account of Wayne service.
History:
1958, Act 78, Eff. Sept. 13, 1958
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1958 - Wayne State University Employee Retirement System (38.371 - 38.376) › Section 38.372 - Retirement Allowance; Payment Prior to July 1, 1958.

38.372 Retirement allowance; payment prior to July 1, 1958.
Sec. 2.
Wayne retirement allowances payable on account of Wayne service terminating prior to July 1, 1958, shall be paid by the retirement system in accordance with the retirement system provisions in force at the time of such termination.
History:
1958, Act 78, Eff. Sept. 13, 1958
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1958 - Wayne State University Employee Retirement System (38.371 - 38.376) › Section 38.373 - Retirement Allowance; Payment After July 1, 1958.

38.373 Retirement allowance; payment after July 1, 1958.
Sec. 3.
Wayne retirement allowances on account of Wayne service not terminated prior to July 1, 1958, shall cease to be the obligation of the retirement system on July 1, 1958, and shall become the sole obligation of the board of governors. If any person included in the foregoing provisions has also continued in the employ of the board of education, the respective obligations of the retirement commission and the board of governors shall be settled by their mutual agreement, or if unable to agree, by the actuary hereinafter designated.
Establishment of retirement program.
In fulfillment of the obligations herein placed on it, the board of governors shall provide a retirement program with benefits for Wayne service prior to July 1, 1958, substantially equal to those provided in chapter 2 of Act No. 136 of the Public Acts of 1945, as amended, to June 30, 1956, or in the alternative the board of governors at its option shall provide total benefits at termination of employment substantially equal to those which would have been payable had the entire Wayne service been under the provisions of the aforesaid act and the retirement system which it established. Wayne service after July 1, 1958, shall be counted towards fulfillment of conditions applicable to the period of employment required for the vesting of rights and benefits under the provisions of said act.
History:
1958, Act 78, Eff. Sept. 13, 1958
Compiler's Notes:
Act 136 of 1945, referred to in this section, was repealed by Act 300 of 1980.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1958 - Wayne State University Employee Retirement System (38.371 - 38.376) › Section 38.374 - Separation of Employees From Detroit School District Employees Retirement System; Actuarial Determination of Credits and Debits of Board of Governors and Retirement Commission.

38.374 Separation of employees from Detroit school district employees retirement system; actuarial determination of credits and debits of board of governors and retirement commission.
Sec. 4.
A determination shall be made by the actuary for the legislative retirement system provided in sections 39 and 46 of Act No. 261 of the Public Acts of 1957, being sections 38.1039 and 38.1040 of the Compiled Laws of 1948, of the respective rights and the liabilities as to each other of the board of governors and the retirement commission out of the separation of the employees of the board of governors from the employees' retirement system. The respective debits and credits shall be determined as follows:
(a) The board of governors shall be debited and the retirement commission shall be credited with the amounts paid and the actuarily determined liability for the amounts to be paid as retirement benefits to the persons included in section 2, giving due allowance for the annuity deposits of the employees included in section 2.
(b) The board of governors shall be credited and the retirement commission shall be debited with the normal and supplemental annuity deposits to the credit of the employees included in section 3.
(c) The board of governors shall be credited and the retirement commission shall be debited with such portion of the assets of the retirement commission, exclusive of the normal and supplemental annuity deposits, held by it as shall equitably represent the interest of the employees included in sections 2 and 3, having in mind the source of the funds, the method of payment authorized by section 5, and the interests and equities of all persons in the retirement system, all as of July 1, 1956.
History:
1958, Act 78, Eff. Sept. 13, 1958
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1958 - Wayne State University Employee Retirement System (38.371 - 38.376) › Section 38.375 - Separation of Employees From Detroit School Retirement System; Payments Required; Transfer of Securities.

38.375 Separation of employees from Detroit school retirement system; payments required; transfer of securities.
Sec. 5.
The payments required by the determination provided for in section 4 shall be made on or before December 31, 1958. Should this determination require a payment by the retirement commission to the board of governors, the retirement commission may transfer in lieu of cash securities held by it. The securities shall not have defaulted with respect to principal and interest payments and shall have an average yield and maturity equal to the average yield and maturity of all assets of the retirement system for the fiscal year ended June 30, 1956.
History:
1958, Act 78, Eff. Sept. 13, 1958
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 78 of 1958 - Wayne State University Employee Retirement System (38.371 - 38.376) › Section 38.376 - Separation of Employees From Detroit School Retirement System; Payment of $1,000,000 by Board of Education to Board of Governors.

38.376 Separation of employees from Detroit school retirement system; payment of $1,000,000 by board of education to board of governors.
Sec. 6.
The board of governors shall accept the proposal of the board of education for the payment by the board of education to the board of governors in fulfillment of any obligations of the board of education with reference to retirement benefits for the persons included in the provisions of sections 2 and 3 of the sum of $1,000,000.00 on or before June 30, 1965, in approximately equal annual installments with interest of 3% per annum on unpaid balances after July 1, 1958.
History:
1958, Act 78, Eff. Sept. 13, 1958
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.381 - Optional Retirement Act of 1967; Short Title.

38.381 Optional retirement act of 1967; short title.
Sec. 1.
This act shall be known and may be cited as the "optional retirement act of 1967".
History:
1967, Act 156, Imd. Eff. June 30, 1967
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.382 - Definitions.

38.382 Definitions.
Sec. 2.
As used in this act:
(a) "Optional retirement program" means a system of retirement benefits established as a part of the plan of compensation for eligible teaching and administrative personnel.
(b) "Retirement system" means the Michigan public school employees' retirement system created by the public school employees retirement act of 1979, Act No. 300 of the Public Acts of 1980, being sections 38.1301 to 38.1408 of the Michigan Compiled Laws.
(c) "Eligible employees" means the members of the faculty and administrative staff of state supported institutions of higher education on a full-time basis whose positions require the performance of professional services in the discharge of the educational or administrative functions of the institution.
(d) "State supported institution of higher education" means any of the following:
(i) Western Michigan university.
(ii) Eastern Michigan university.
(iii) Northern Michigan university.
(iv) Central Michigan university.
(v) Michigan technological university.
(vi) Ferris state university.
(vii) Lake Superior state university.
(viii) A community or junior college established pursuant to section 7 of article VIII of the state constitution of 1963.
(ix) A community or junior college established pursuant to part 25 of the school code of 1976, Act No. 451 of the Public Acts of 1976, being sections 380.1601 to 380.1607 of the Michigan Compiled Laws.
(e) "Board of control" means the board charged with policy direction of a state supported institution of higher education.
History:
1967, Act 156, Imd. Eff. June 30, 1967 ;-- Am. 1968, Act 185, Imd. Eff. June 20, 1968 ;-- Am. 1994, Act 296, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.383 - Optional Retirement Program; Establishment; Participation of Eligible Employees, Terms and Conditions.

38.383 Optional retirement program; establishment; participation of eligible employees, terms and conditions.
Sec. 3.
An optional retirement program for eligible employees of state supported institutions of higher education is established. A board of control shall make the program available to all eligible employees in the component institutions, agencies and units subject to its control. Eligible employees may participate in the program, subject to such rules as may be prescribed by the board of control for its institution including provisions for classification and terms and conditions on which employees may participate.
History:
1967, Act 156, Imd. Eff. June 30, 1967
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.383a - Availability of Program to State Supported Institution of Higher Education's Employees.

38.383a Availability of program to state supported institution of higher education's employees.
Sec. 3a.
A state supported institution of higher education that before January 1, 1970 was part of another institution of higher education that had authority under this act to make the optional retirement program available to its eligible employees is authorized to continue making the optional retirement program available to the state supported institution of higher education's employees on and after its separation from the other institution of higher education.
History:
Add. 1994, Act 296, Eff. Oct. 1, 1994
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.384 - Board of Control; Purchase of Contracts Providing for Optional Program Benefits for Employees.

38.384 Board of control; purchase of contracts providing for optional program benefits for employees.
Sec. 4.
In the administration of the optional retirement program, a board of control shall provide for the purchase of contracts providing retirement and death benefits for or on behalf of eligible employees electing to be covered by the optional retirement program.
History:
1967, Act 156, Imd. Eff. June 30, 1967
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.385 - Optional Retirement Program; Election; Time; Reelection to Retirement System.

38.385 Optional retirement program; election; time; reelection to retirement system.
Sec. 5.
(1) An eligible employee, as of the date the optional retirement program becomes available and who is a member of the retirement system, may continue his membership in the retirement system or may elect to participate in the optional retirement program and retain a limited membership in the retirement system as provided in this section.
(2) An employee becoming eligible subsequent to the date the optional retirement program becomes available may elect to become a member of the retirement system or may elect to participate in the optional retirement programs.
(3) Within 90 days after the date the optional retirement program becomes available at the state supported institution of higher education, eligible employees shall elect to participate or not to participate. An employee who becomes eligible to participate in the optional retirement program subsequent to the date the program becomes available shall make his election within 90 days following the date on which he qualifies as an eligible employee. An eligible employee not exercising the option to participate in the optional retirement program is deemed to have elected membership in the retirement system.
(4) An employee who elected the optional retirement program pursuant to subsection (3) before September 1, 1974, may by written election to his employing institution reelect to become a member of the retirement system. Membership in the retirement system of all persons exercising this reelection shall be effective July 1, 1975, and shall apply only to earnings on and after July 1, 1975. A person eligible for reelection to the retirement system under this subsection and not having exercised reelection by March 1, 1976, shall be deemed to have elected to remain in the optional retirement program.
History:
1967, Act 156, Imd. Eff. June 30, 1967 ;-- Am. 1975, Act 284, Imd. Eff. Dec. 2, 1975
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.386 - Optional Retirement Program; Participant Deemed Limited Member of Retirement System; Refund of Contributions Upon Termination of Service or Death; Computation of Benefits; Reelection to Retirement System as Bar to Service Credit.

38.386 Optional retirement program; participant deemed limited member of retirement system; refund of contributions upon termination of service or death; computation of benefits; reelection to retirement system as bar to service credit.
Sec. 6.
(1) An eligible employee electing to participate in the optional retirement program in accordance with section 5(1) is deemed to be a limited member of the retirement system for the purpose of determining his eligibility for rights and benefits in the retirement system. His continued service with a state supported institution of higher education while under the optional retirement program is deemed to be member service in the retirement system for the purpose of determining his eligibility for retirement benefits dependent upon a specified period of total service or upon attainment of a specified age while in service.
(2) If an eligible employee who has elected to participate in the optional retirement program in accordance with section 5(1) terminates service or dies before becoming eligible for a retirement benefit, he or his named beneficiary, is entitled to a refund of his contributions to the retirement system, including interest at the rate of 2 1/2% per annum.
(3) If an eligible employee has elected to participate in the optional retirement program and retains a limited membership in the retirement system in accordance with section 5(1), the basis for computation of his retirement benefits under the retirement system after his election to participate in the optional retirement program shall be all of the following:
(a) The credited service as of the time of making the election.
(b) The average of his annual compensation for those 5 consecutive years before the time of making the election which produces the highest amount, or, the average of his annual compensation before the time of making the election if his total credited service is less than 5 years.
(4) An eligible employee electing to participate in the optional retirement program, and his beneficiaries, is not entitled to a right or benefit under the retirement system other than to the extent the rights and benefits are expressly provided for in this section.
(5) An employee who reelects to return to the retirement system under section 5(4), shall not be eligible to receive service credit for that period of time during which he was a member of the optional retirement program under this act.
History:
1967, Act 156, Imd. Eff. June 30, 1967 ;-- Am. 1975, Act 284, Imd. Eff. Dec. 2, 1975
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.387 - Optional Retirement Program; Amounts to Be Disbursed and Credited to Employee's Benefit.

38.387 Optional retirement program; amounts to be disbursed and credited to employee's benefit.
Sec. 7.
For an eligible employee who has elected in accordance with section 5 to participate in the optional retirement program, the following amounts shall be disbursed and credited each fiscal year to his benefit in the optional retirement program:
(a) By the eligible employee, the amount which he would have been required to contribute during the year as a member of the retirement system.
(b) By the state supported institution of higher education, from funds subject to its control, for the benefit of all eligible employees, those amounts as may be determined by the board of control plus an amount equal to that required by federal statutes as the employer's contributions under the federal insurance contribution act for that employee.
(c) From the eligible employee such amounts, in addition to those required under subdivisions (a) and (b), as may be determined by the board of control.
History:
1967, Act 156, Imd. Eff. June 30, 1967 ;-- Am. 1968, Act 185, Imd. Eff. June 20, 1968 ;-- Am. 1975, Act 284, Imd. Eff. Dec. 2, 1975
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 156 of 1967 - Optional Retirement Act of 1967 (38.381 - 38.388) › Section 38.388 - Federal Social Security Old-Age, Survivors' and Disability Insurance Coverage.

38.388 Federal social security old-age, survivors' and disability insurance coverage.
Sec. 8.
An eligible employee electing to participate in the optional retirement program shall have old-age, survivors and disability insurance coverage provided by the federal social security act.
History:
1967, Act 156, Imd. Eff. June 30, 1967
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 370 of 1941 - County Employees' Civil Service System (38.401 - 38.428) › Section 38.401 - County Civil Service System; Purpose of Act.

38.401 County civil service system; purpose of act.
Sec. 1.
Civil service act; purpose. The purpose of this act is to guarantee to all citizens a fair and equal opportunity for public service; to establish conditions of service which will attract officers and employees of character and capacity, and to increase the efficiency of the county governmental departments, commissions, boards and agencies, by the improvement of methods of personnel administration.
History:
1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.401
Compiler's Notes:
The catchlines following the act section numbers of this act were incorporated as a part of the act when enacted.Section 423.201 et seq., prohibiting strikes by public employees and providing collective bargaining, negotiation, and enforced mediation of labor disputes arising out of public employment, operates, to the extent of repugnancy with MCL 38.401 et seq., as a partial repeal of the act providing for a county civil service commission. Wayne County Civil Service Commission v. Board of Supervisors, 384 Mich. 363, 184 N.W.2d 201 (1971).
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 370 of 1941 - County Employees' Civil Service System (38.401 - 38.428) › Section 38.402 - County Civil Service System; Adoption by Referendum.

38.402 County civil service system; adoption by referendum.
Sec. 2.
Upon the adoption of a resolution therefor by a majority vote of the members-elect of the board of supervisors of any county now or hereafter having a population of 1,000,000 or more, according to the latest or each succeeding federal decennial census, the question of adopting the county civil service system, as provided for in this act, shall be submitted to a vote of the electors of such county. The question shall be submitted and placed on the ballot at the next general or special election.
History:
1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.402 ;-- Am. 1959, Act 265, Imd. Eff. Sept. 4, 1959
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 370 of 1941 - County Employees' Civil Service System (38.401 - 38.428) › Section 38.403 - Referendum; Time, Notice, Statement of Question.

38.403 Referendum; time, notice, statement of question.
Sec. 3.
Election; time, notice. At least 3 weeks shall intervene between the adoption of the resolution by the board of supervisors and the time of holding such election. After the adoption of the resolution by the board of supervisors the county clerk shall give like notice of the submission of the question of the adoption of the county civil service system as is required by law in the case of elections to elect county officers. Said notice shall set forth the action of the board of supervisors and that the question will be stated on the ballot to be used at such election as follows: Shall the county civil service system, as provided for by Act No. .... of the Public Acts of 1941, be adopted in the county of ......................?
History:
1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.403
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 370 of 1941 - County Employees' Civil Service System (38.401 - 38.428) › Section 38.404 - Referendum; Ballot, Statement of Question.

38.404 Referendum; ballot, statement of question.
Sec. 4.
Same; ballots. Ballots shall be prepared and distributed, in the manner required by law, by the same officers prescribed by law for general elections. The question shall be stated on the ballot as follows, viz.: Shall the county civil service system, as provided for by Act No. .... of the Public Acts of 1941, be adopted in the county of .....................? and immediately below and on different lines shall be printed the word "yes" and the word "no."
History:
1941, Act 370, Eff. Jan. 10, 1942 ;-- CL 1948, 38.404