reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1688a - Retirants Eligible for Election to Governing Board; Equal Treatment; Compensation; Definitions.

38.1688a Retirants eligible for election to governing board; equal treatment; compensation; definitions.
Sec. 8a.
(1) A retirement system that has both members and retirants of its retirement system eligible to be elected to the position of member of the governing board shall comply with this section.
(2) The retirement system and the political subdivision sponsoring the retirement system shall ensure equal treatment of all individuals who are elected or seek to be elected to the position of member of the governing board. The retirement system or the political subdivision sponsoring the retirement system shall not require a retirant who is elected or seeks to be elected to the position of member of the governing board to meet more stringent or additional requirements to serve, be elected, or participate in the election process than a member who is elected or seeks to be elected to the position of member of the governing board.
(3) If the retirement system or the political subdivision sponsoring the retirement system compensates a member who is elected to the position of member of the governing board, the retirement system or the political subdivision sponsoring the retirement system shall compensate a retirant who is elected to the position of member of the governing board at no less than the least amount of compensation given to a member who is elected to the position of member of the governing board.
(4) As used in this section:
(a) "Compensate" or "compensation" mean any form of remuneration for performing duties as a member of the governing board including stipend pay by the retirement system or working at taxpayer expense as an employee of or under contract with the political subdivision sponsoring the system.
(b) "Member of the governing board" means a trustee, commissioner, or other official member of the governing board vested with the general administration, management, and operation of the retirement system or other decision-making body that is responsible for implementation and supervision of a retirement system.
History:
Add. 2012, Act 492, Imd. Eff. Dec. 28, 2012
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1689 - Notification of Disqualification From u.s. Internal Revenue Service.

38.1689 Notification of disqualification from U.S. internal revenue service.
Sec. 9.
If the department receives notification from the United States internal revenue service that this act or any portion of this act will cause any state unit to be disqualified for tax purposes under the internal revenue code, then the portion that will cause the disqualification does not apply.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1701 - Short Title.

38.1701 Short title.
Sec. 1.
This act shall be known and may be cited as the "eligible domestic relations order act".
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1703 - Right of Alternate Payee to Share of Benefit Payable to Participant; Payment of Benefit Pursuant to Edro.

38.1703 Right of alternate payee to share of benefit payable to participant; payment of benefit pursuant to EDRO.
Sec. 3.
Subject to the requirements of this act, an alternate payee is entitled to an actual interest in a share of a benefit that is or will become payable to a participant, if so provided in an EDRO filed with the retirement system. The retirement system shall administer the payment of a benefit pursuant to the EDRO and this section.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1704 - Payment of Benefit to Alternate Payee Under Edro; Effective Date; Form.

38.1704 Payment of benefit to alternate payee under EDRO; effective date; form.
Sec. 4.
Except as otherwise provided in this act, the payment of a benefit to an alternate payee under an EDRO and this act shall begin on the retirement allowance effective date of the participant. The payment of a benefit under an EDRO and this act shall be paid in 1 of the following forms, as applicable:
(a) A single life annuity that is equal to the actuarial equivalent of the alternate payee's share of the benefit payable throughout the life of the alternate payee. If the participant is entitled to the payment of a benefit that is not reduced due to early retirement under the retirement system, the alternate payee's single life annuity shall be calculated using the participant's unreduced benefit. If the participant is only entitled to the payment of a benefit that is reduced due to early retirement under the retirement system, the alternate payee's single life annuity shall be calculated using the participant's reduced benefit.
(b) If a retirement system offers a participant an optional form of payment of a benefit at retirement, a reduced benefit that is equal to the actuarial equivalent of the total benefit being divided under the EDRO payable throughout the lives of the participant and the alternate payee. The reduced benefit shall be payable in the manner provided under the optional form of payment under the retirement system. The EDRO shall specify the percentage or amount of the reduced benefit that is payable under this subdivision to the participant and to the alternate payee while both are alive. If the participant predeceases the alternate payee while a reduced benefit is being paid to the participant and the alternate payee under this subdivision, the survivor portion of the reduced benefit shall be payable to the alternate payee. If the alternate payee predeceases the participant while a reduced benefit is being paid to the participant and the alternate payee under this subdivision, the alternate payee's percentage or amount of the reduced benefit shall revert to and become payable to the participant.
(c) A single life annuity that is equal to the alternate payee's share of the benefit payable throughout the life of the participant.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1705 - Election by Alternate Payee to Receive Interest in Benefit After Participant's Earliest Retirement Date, but Before Termination of Employment Date; Recalculation of Benefit if Participant Retires Before Age 60.

38.1705 Election by alternate payee to receive interest in benefit after participant's earliest retirement date, but before termination of employment date; recalculation of benefit if participant retires before age 60.
Sec. 5.
(1) An EDRO may provide for the payment of a benefit to an alternate payee beginning on or after the participant's earliest retirement date but before the participant terminates employment as provided in this section. An alternate payee shall begin to receive the payment of a benefit under this section effective the first day of the month immediately following the month in which the alternate payee notifies the retirement system of his or her election to begin to receive payment of his or her interest in the benefit of a participant.
(2) If an alternate payee elects to receive his or her interest in the benefit of a participant after the participant's earliest retirement date but before the participant's termination of employment, the alternate payee is only entitled to the actuarial equivalent of the alternate payee's share of the participant's benefit that would be payable when the participant reaches age 60. If the participant retires before age 60, the retirement system shall recalculate the benefit payable to the alternate payee so that the recalculated benefit payable to the alternate payee plus the benefit previously paid to the alternate payee are the actuarial equivalent of the alternate payee's share of the benefit payable to the participant. If the recalculated benefit is more than the benefit the alternate payee is receiving, the retirement system shall begin paying the recalculated benefit to the alternate payee effective the first day of the month immediately following the month in which the participant retires.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1706 - Spouse Under Judgment of Separate Maintenance or Former Spouse Considered in Edro as Surviving Spouse for Purpose of Receiving Retirement Benefit; Benefit Amount.

38.1706 Spouse under judgment of separate maintenance or former spouse considered in EDRO as surviving spouse for purpose of receiving retirement benefit; benefit amount.
Sec. 6.
An EDRO may provide that a spouse under a judgment of separate maintenance or a former spouse is considered the spouse of a participant for the purpose of receiving a benefit as a surviving spouse under the retirement system. The benefit payable to a spouse under a judgment of separate maintenance or a former spouse as a surviving spouse under this section shall be computed as provided in the EDRO and the retirement system. If the amount or percentage of the benefit to be paid to a spouse under a judgment of separate maintenance or a former spouse as the surviving spouse of the participant under this section is less than the entire amount payable under the retirement system, the surviving spouse or other beneficiary of the participant, as determined under the retirement system, is entitled to receive the portion of the benefit not payable to a spouse under a judgment of separate maintenance or a former spouse under this section.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1707 - Death of Alternate Payee Before Interest in Benefit Paid; Reversion.

38.1707 Death of alternate payee before interest in benefit paid; reversion.
Sec. 7.
If an alternate payee under this act dies before receiving any payment of his or her interest in a benefit pursuant to this act and an EDRO, that interest reverts to the participant.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1708 - Creation, Assignment, or Recognition of Alternate Payee's Right to Interest in Benefit Share Not Prohibited Assignment Under Retirement System.

38.1708 Creation, assignment, or recognition of alternate payee's right to interest in benefit share not prohibited assignment under retirement system.
Sec. 8.
The creation, assignment, or recognition of a right of an alternate payee to an actual interest in a share of a benefit that is or will become payable to a participant pursuant to an EDRO under this act is not a prohibited assignment under a retirement system.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1709 - Determination by Retirement System Whether Domestic Relations Order Is Edro; Procedure; Notice.

38.1709 Determination by retirement system whether domestic relations order is EDRO; procedure; notice.
Sec. 9.
Each retirement system shall establish a reasonable procedure to determine if a domestic relations order is an EDRO under this act. The retirement system shall promptly notify the participant and alternate payee named in a domestic relations order that the retirement system has received the domestic relations order. The notice shall include a description of the procedure by which the retirement system determines if the domestic relations order is an EDRO under this act.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 46 of 1991 - Eligible Domestic Relations Order Act (38.1701 - 38.1711) › Section 38.1711 - Status of Domestic Relations Order Filed With Retirement System Before Effective Date of Act.

38.1711 Status of domestic relations order filed with retirement system before effective date of act.
Sec. 11.
A domestic relations order filed with the retirement system before the effective date of this act is considered an EDRO under this act if the retirement system is making payments under the domestic relations order on the effective date of this act or to the extent a domestic relations order is consistent with the provisions of this act. This section does not prohibit a participant, alternate payee, or court from filing an amended domestic relations order under this act.
History:
1991, Act 46, Imd. Eff. June 27, 1991
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2101 - Short Title.

38.2101 Short title.
Sec. 101.
This act shall be known and may be cited as "the judges retirement act of 1992".
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2102 - Meanings of Words and Phrases.

38.2102 Meanings of words and phrases.
Sec. 102.
For the purposes of this act, the words and phrases defined in this article have the meanings ascribed to them in those sections.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2103 - Definitions; A.

38.2103 Definitions; A.
Sec. 103.
(1) "Accumulated contributions" means the balance standing to the member's credit in the reserve for member contributions. The balance includes member contributions and interest attributable to those contributions.
(2) "Active duty" means full-time duty in the armed forces other than active duty that is exclusively for training purposes.
(3) "Actuarial cost" means an amount that a member shall pay, except as otherwise specifically provided in this act, to purchase additional service credit under this act. Actuarial cost is determined and calculated as provided in section 215.
(4) "Actuarial funding requirement" means the sum of the contribution rates determined in section 301(2) and (3) multiplied by the aggregate annual compensation of active members.
(5) "Actuary" means the actuary of the retirement system as provided in section 205.
(6) "Aggregate annual compensation" means the sum of all compensation, as defined in section 104(1), paid annually to active members.
(7) "Armed forces" means the United States army, navy, marine corps, air force, and coast guard, including the reserve components.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2104 - Definitions; C, D.

38.2104 Definitions; C, D.
Sec. 104.
(1) "Compensation" means 1 of the following:
(a) For a plan 1 member or plan 2 member, the salary paid by this state.
(b) For a plan 3 member, the salary paid by this state, except that for a plan 3 member who is a judge of the recorder's court of the city of Detroit, compensation means an amount equal to the salary paid by this state to a judge of the circuit court and for a plan 3 member who is a judge of the probate court, compensation means an amount equal to the salary paid pursuant to section 821 of the revised judicature act of 1961, 1961 PA 236, MCL 600.821. In addition, compensation for a plan 3 member includes salary standardization payments converted as an addition to the state base salary as provided by section 504, if any, and the balance converted pursuant to section 504a, if any.
(c) For a plan 4 member, the total judicial salary payable from all sources.
(d) For a plan 5 member, the total salary paid by this state and the district control unit of the district court in the thirty-sixth district.
(e) For a plan 6 or 7 member, the salary approved by the county board of commissioners and includes salary standardization payments made to the member by the county.
(2) "County retirement plan" means a county retirement plan established under section 12a of 1851 PA 156, MCL 46.12a.
(3) "Court fees" means a court filing fee or costs earmarked for the retirement system and collected by a county clerk, clerk of the circuit court, or clerk of the district court pursuant to sections 880, 2529, 5756, 8371, 8381, and 8420 of the revised judicature act of 1961, 1961 PA 236, MCL 600.880, 600.2529, 600.5756, 600.8371, 600.8381, and 600.8420.
(4) "Credited service" means all of the following:
(a) Service credited to a member under this act, the former judges retirement system, and the former probate judges retirement system.
(b) Other public service purchased under section 403.
(c) Service purchased under section 404.
(5) "Department" means the department of management and budget.
(6) "Direct rollover" means a payment by the retirement system to the eligible retirement plan specified by the distributee.
(7) "Distributee" includes a member or vested former member. Distributee also includes the member's or vested former member's surviving spouse or the member's or vested former member's spouse or former spouse under an eligible domestic relations order, with regard to the interest of the spouse or former spouse.
(8) "District control unit" means district control unit as defined in section 8104 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8104.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 1995, Act 193, Imd. Eff. Nov. 7, 1995 ;-- Am. 1999, Act 215, Eff. May 30, 2000
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2106 - Definitions; I to M.

38.2106 Definitions; I to M.
Sec. 106.
(1) "Interest" means the rate or rates of interest per annum, compounded annually, as determined by the retirement board.
(2) "Internal revenue code" means the United States internal revenue code of 1986.
(3) "Judge" means a duly elected or appointed justice of the supreme court, judge of the court of appeals, judge of the circuit court, judge of the district court, judge of the probate court, or judge of the recorder's court of the city of Detroit.
(4) "Medical adviser" means the medical adviser of the retirement system as provided in section 205.
(5) "Member" means a judge or state official who is included in the membership of the retirement system as provided in section 401.
(6) "Membership service" means service performed as a member under this act or under the former judges retirement system or former probate judges retirement system.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 1995, Act 193, Imd. Eff. Nov. 7, 1995
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2107 - Definitions; O.

38.2107 Definitions; O.
Sec. 107.
(1) "Option A beneficiary" means the retirement allowance beneficiary designated by the member under section 506(1)(a).
(2) "Option B beneficiary" means the retirement allowance beneficiary designated by the member under section 506(1)(b).
(3) "Other public service" means any of the following services performed within this state by a member:
(a) Service as a former elected official who received an annual state salary for service performed in that office.
(b) Service as a municipal judge.
(c) Service as a justice of the peace in a governmental unit.
(d) Service as a referee of the traffic division of the recorder's court of the city of Detroit, but not to exceed more than 3 years of service.
(e) Service as a judge under the former judges retirement system or former probate judges retirement system if the member has not received credit for the service under this act.
(f) For a state official, state service.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2108 - Definitions; P.

38.2108 Definitions; P.
Sec. 108.
(1) "Plan 1 member" means a member or vested former member who is or was the governor, lieutenant governor, secretary of state, attorney general, or legislative auditor general.
(2) "Plan 2 member" means a member or vested former member who is or was the constitutional court administrator, a justice of the supreme court, or a judge of the court of appeals.
(3) "Plan 3 member" means a member or vested former member who is or was a judge of the circuit court, judge of the recorder's court of the city of Detroit, judge of the district court, except a judge of the thirty-sixth district described in subsection (8), or a judge of the probate court, except a judge of the probate court described in subsection (7), (9), or (10).
(4) "Plan 3a member" means a member or vested former member described in subsection (3) who does not convert any of the salary standardization payment under section 504 or sections 14a and 14c of former 1951 PA 198.
(5) "Plan 3b member" means a member or vested former member described in subsection (3) who converts $2,250.00 of the salary standardization payment under section 504(1) or section 14a of former 1951 PA 198.
(6) "Plan 3c member" means a member or vested former member described in subsection (3) who converts the balance of the salary standardization payment under section 504(2) or section 504a or section 14c of former 1951 PA 198.
(7) "Plan 4 member" means a member or vested former member who is or was a judge of the probate court serving in a single county of less than 15,000 population.
(8) "Plan 5 member" means a member or vested former member who is or was a judge of the district court in the thirty-sixth district.
(9) "Plan 6 member" means a member who on the day before the effective date of this act was a member or vested former member of the former probate judges retirement system, who may be a member of a county retirement plan, and who is under the 3% benefit formula provided by section 16(l)(a), (b), and (c) of former 1954 PA 165.
(10) "Plan 7 member" means a member who on the day before the effective date of this act was a member or vested former member of the former probate judges retirement system, who is not a member of a county retirement plan, and who is under the 3.5% benefit formula provided by section 16(1)(d) of former 1954 PA 165.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 1999, Act 215, Eff. May 30, 2000
Compiler's Notes:
In subsection (9), the reference to “section 16(l)(a), (b), and (c)” evidently should read “section 16(1)(a), (b), and (c).”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2109 - Definitions; R.

38.2109 Definitions; R.
Sec. 109.
(1) "Refund beneficiary" means 1 or more persons whom the member, vested former member, or retirant nominates under section 405 for the purpose of being paid accumulated contributions in the event of the death of the member, vested former member, or retirant if a retirement allowance is not payable to a retirement allowance beneficiary.
(2) "Reporting unit" means the unit of government responsible for reporting a member's compensation, contributions, and other information required by the retirement system. Reporting unit includes, but is not limited to, the state court administrator's office, the supreme court finance office, a county, a city, a district control unit, a local unit of government retirement plan, and a department of this state.
(3) "Retirant" means a member who retired with a retirement allowance payable from the reserves of the retirement system under this act, the former judges retirement system, or the former probate judges retirement system.
(4) "Retirement allowance" means a series of monthly payments to a retirant or retirement allowance beneficiary from the reserves of the retirement system.
(5) "Retirement allowance beneficiary" means a person who is being paid a retirement allowance from the reserves of the retirement system because of the death of a member, vested former member, or retirant under this act, the former judges retirement system, or the former probate judges retirement system.
(6) "Retirement board" means the Michigan judges retirement board created by section 202.
(7) "Retirement system" means the Michigan judges retirement system created by section 201.
(8) "Revised judicature act" means the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.101 to 600.9947 of the Michigan Compiled Laws.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2110 - Definitions; S.

38.2110 Definitions; S.
Sec. 110.
(1) "Salary standardization payment" means the amount of money payable by this state to a county, a city, or a district control unit for supplemental salary paid to a judge, a portion of which a plan 3 member may convert under section 504 as additional compensation for the purpose of calculating a retirement allowance under this act.
(2) "Service" means service performed as a member of this retirement system, the former judges retirement system, the former probate judges retirement system, and other service purchased under sections 403 and 404.
(3) "State service" means service performed as a state employee that is creditable under the state employees' retirement act, Act No. 240 of the Public Acts of 1943, being sections 38.1 to 38.48 of the Michigan Compiled Laws.
(4) "State official" means the governor, lieutenant governor, secretary of state, attorney general, legislative auditor general, and constitutional court administrator.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2110a - “Tier 1” and “Tier 2” Defined.

38.2110a “Tier 1” and “Tier 2” defined.
Sec. 110a.
(1) "Tier 1" means the retirement plan available under this act to a member who first became a judge or state official before March 31, 1997 and who does not elect to become a qualified participant of Tier 2.
(2) "Tier 2" means the retirement plan established pursuant to the internal revenue code that is available to qualified participants under article VII.
History:
Add. 1996, Act 523, Eff. Mar. 31, 1997
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article I - (38.2101...38.2111) › Section 38.2111 - Definitions; V.

38.2111 Definitions; V.
Sec. 111.
"Vested former member" means a member who is entitled to a deferred vested service retirement allowance under section 502.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2201 - Michigan Judges Retirement System; Creation; Purpose.

38.2201 Michigan judges retirement system; creation; purpose.
Sec. 201.
The Michigan judges retirement system is created for judges and state officials.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2202 - Michigan Judges Retirement Board; Creation Within Department; Membership; Terms; Vacancy; Compensation and Expenses.

38.2202 Michigan judges retirement board; creation within department; membership; terms; vacancy; compensation and expenses.
Sec. 202.
(1) The Michigan judges retirement board is created in the department. The retirement board consists of the following 5 retirement board members:
(a) The state treasurer.
(b) The attorney general.
(c) One judge who is a member of the retirement system appointed by the governor with the advice and consent of the senate.
(d) Two members appointed by the governor with the advice and consent of the senate.
(2) Except as otherwise provided in this section, the term of office of appointed retirement board members is 4 years. If a vacancy occurs in the office of an appointed retirement board member, the governor, with the advice and consent of the senate, shall appoint a retirement board member for the remainder of the unexpired term. A retirement board member shall continue to hold office after the expiration of his or her term of office until a successor is appointed and is qualified.
(3) The legislature shall annually establish the per diem compensation of the appointed retirement board members and the schedule for reimbursement of expenses incurred by a retirement board member to attend meetings of the retirement board and to perform services required by the retirement board.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 1999, Act 215, Eff. May 30, 2000
Compiler's Notes:
For transfer of powers and duties of Judges retirement board to Michigan retirement board, and abolishment of judges retirement board, see E.R.O. No. 2015-4, compiled at MCL 38.1174.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2203 - Retirement Board Member; Oath; Quorum; Unexcused Absences; Election of Chairperson and Vice Chairperson.

38.2203 Retirement board member; oath; quorum; unexcused absences; election of chairperson and vice chairperson.
Sec. 203.
(1) Each appointed retirement board member, before assuming office, shall take an oath of office. An appointed retirement board member shall immediately file the oath of office with the secretary of state. A retirement board member is a trustee of the retirement system.
(2) A majority of the retirement board constitutes a quorum for the transaction of business at a meeting of the retirement board. An appointed retirement board member who fails to attend 2 consecutive, regularly scheduled meetings of the retirement board and whose absence is not excused by the retirement board is considered to have resigned from retirement board membership. The retirement board shall declare the appointed retirement board member's office vacated as of the date of adoption of a proper resolution.
(3) The retirement board shall elect from its membership a chairperson and vice chairperson. The chairperson and vice chairperson of the retirement board shall take office immediately upon election and serve until a successor is elected.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2204 - Retirement Board; Duties Pursuant to MCL 16.101 to 16.608; Rules; Conducting Business at Public Meeting; Writings Available to Public.

38.2204 Retirement board; duties pursuant to MCL 16.101 to 16.608; rules; conducting business at public meeting; writings available to public.
Sec. 204.
(1) The retirement board has the rights, authority, and discretion in the proper discharge of retirement board duties pursuant to the executive organization act of 1965, Act No. 380 of the Public Acts of 1965, being sections 16.101 to 16.608 of the Michigan Compiled Laws.
(2) The retirement board may promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, for the implementation and administration of this act.
(3) The retirement board shall conduct its business at a public meeting of the retirement board held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. The retirement board shall give public notice of a time, date, and place of a meeting of the retirement board in the manner required by Act No. 267 of the Public Acts of 1976.
(4) The retirement board shall make a writing prepared, owned, used, in the possession of, or retained by the retirement board in the performance of an official function 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:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2205 - Management Functions; Director of Bureau of Retirement Systems as Executive Secretary; Employees.

38.2205 Management functions; director of bureau of retirement systems as executive secretary; employees.
Sec. 205.
The department shall be responsible for the budgeting, procurement, and related management functions of the retirement system. The director of the bureau of retirement systems in the department is the executive secretary of the retirement system. The executive secretary, with department approval, shall employ the services of an actuary and, subject to rules of the civil service commission, shall employ medical advisers, clerical, technical, and administrative employees the executive secretary considers necessary for the proper operation of the retirement system.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2206 - State Treasurer as Treasurer of Retirement System; Authority; Duties.

38.2206 State treasurer as treasurer of retirement system; authority; duties.
Sec. 206.
(1) The state treasurer is the treasurer of the retirement system. The state treasurer has investment authority, including the custodianship of the funds of the retirement system, and has fiduciary responsibility with regard to the investment of funds of the retirement system. The state treasurer shall invest the funds of the retirement system in compliance with Act No. 314 of the Public Acts of 1965, being sections 38.1132 to 38.1140i of the Michigan Compiled Laws.
(2) The state treasurer shall deposit the funds of the retirement system in the same manner and subject to the laws governing the deposit of state funds by the state treasurer. The state treasurer shall credit income earned by the retirement system's reserves to the respective reserves under this act that earn the income as provided in section 213.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2207 - Attorney General as Retirement Board Attorney.

38.2207 Attorney general as retirement board attorney.
Sec. 207.
The attorney general is the legal adviser to the retirement board and shall act as the retirement board's attorney. The attorney general shall represent the retirement board in all litigation to which the retirement board is a party.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2208 - Administration of Retirement System.

38.2208 Administration of retirement system.
Sec. 208.
The retirement system shall draw its warrants upon the state treasury, payable out of funds of the retirement system, for the payment of retirement allowances, accumulated contributions, and the payment of salaries and other expenses necessary in the administration of the retirement system.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2209 - Annual Report.

38.2209 Annual report.
Sec. 209.
The retirement system shall prepare an annual report for each fiscal year. The annual report shall contain information regarding the financial, actuarial, and other activities of the retirement system during the fiscal year. The retirement system shall furnish a copy of the annual report to the governor, the legislature, each retirant, and each retirement allowance beneficiary, and to a member, vested former member, or any other person upon request.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2210 - Reserve for Member Contributions.

38.2210 Reserve for member contributions.
Sec. 210.
The reserve for member contributions is created. The retirement system shall deposit contributions from the compensation of members, and other member payments as provided in this act, except member contributions for health benefits as provided in section 305, in the reserve for member contributions. The retirement system shall provide for the maintenance of an individual account for each member showing the amount of the member's accumulated contributions. Except as provided in section 212, the retirement system shall pay accumulated contributions as provided in this act from the reserve for member contributions. If a person ceases to be a member, any unclaimed balance of accumulated contributions remain in the reserve for member contributions. If a member's accumulated contributions are forfeited by the member, as provided in this act, the retirement system shall transfer the forfeited accumulated contributions from the reserve for member contributions to the reserve for investment income. Upon the retirement of a member, the retirement system shall transfer the accumulated contributions of the member from the reserve for member contributions to the reserve for retirement benefits.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2211 - Reserve for Employer Contributions.

38.2211 Reserve for employer contributions.
Sec. 211.
The reserve for employer contributions is created. The retirement system shall credit to the reserve for employer contributions all court fees, late fees, and interest payments received pursuant to section 304; state appropriations received pursuant to section 302; and employer contributions received under section 303. The retirement system shall credit to the reserve for employer contributions any residual balance remaining in the reserve for investment income after crediting interest to the reserves created by this act and after satisfying any other requirements under this act. The retirement system shall transfer money into or out of the reserve for employer contributions as provided in section 212.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2212 - Reserve for Retirement Benefits.

38.2212 Reserve for retirement benefits.
Sec. 212.
The reserve for retirement benefits is created. The retirement system shall pay all retirement allowances and residual accumulated contributions of deceased retirees from the reserve for retirement benefits. The retirement system shall credit to the reserve for retirement benefits a member's accumulated contributions at the time of retirement as provided in section 210. Each year following receipt of the annual actuarial valuation, the retirement system shall bring the balance in the reserve for retirement benefits into balance with the actuarial present value of retirement allowances in payment status by a transfer to or from the reserve for employer contributions. The actuary shall take into account the pending transfer when preparing the annual actuarial valuation.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2213 - Reserve for Investment Income.

38.2213 Reserve for investment income.
Sec. 213.
(1) The reserve for investment income is created. The state treasurer shall credit to the reserve for investment income all interest, dividends, and other income from the investment of retirement system assets except for those of the reserve for health benefits created under section 214. The retirement system shall credit to the reserve for investment income all gifts and bequests to the retirement system; all forfeited contributions received pursuant to section 210; a surplus in any reserve created by this act except for those of the reserve for health benefits created under section 214; and all other money for which there is no specific disposition provided.
(2) Except as otherwise provided in this subsection, the retirement system shall annually credit interest on the preceding year balances in the reserve for member contributions, reserve for employer contributions, and the reserve for retirement benefits. However, the retirement system shall begin to calculate interest on member contributions made within a calendar year on the first day of the calendar year following the contribution and shall credit the interest on member contributions at the end of the calendar year. The retirement system shall charge the reserve for investment income the interest credited to the reserves under this subsection.
(3) The retirement system shall pay the expenses for the administration of the retirement system, exclusive of amounts payable as retirement allowances and other benefits provided in this act, from the reserve for investment income.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2214 - Reserve for Health Benefits.

38.2214 Reserve for health benefits.
Sec. 214.
The reserve for health benefits is created. The retirement system shall deposit into the reserve for health benefits the member contributions for health benefits required by section 305(1)(a), amounts transferred pursuant to section 217(1), and accumulated earnings on these amounts and contributions. The retirement system shall disburse from the reserve for health benefits the premiums for hospital and medical-surgical and sick care benefits as required by sections 509 and 719.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 1996, Act 523, Eff. Mar. 31, 1997 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2215 - Determination of Actuarial Cost; Establishing Method; Calculation.

38.2215 Determination of actuarial cost; establishing method; calculation.
Sec. 215.
The retirement board and the department shall establish the method of determining the actuarial cost. The actuary shall calculate the actuarial cost based upon the product of the following elements:
(a) A percentage that when multiplied by a member's compensation results in the average actuarial present value of the additional benefits resulting from the crediting of 1 additional year of service. The percentage may vary because of the member's age, credited service, or plan member classification or the retirement allowance beneficiary's age.
(b) A member's compensation.
(c) The number of years and fraction of a year of service a member elects to purchase up to the maximum, if any.
History:
1992, Act 234, Eff. Mar. 31, 1993
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 234 of 1992 - The Judges Retirement Act of 1992 (38.2101 - 38.2670) › Article II - (38.2201...38.2217) › Section 38.2216 - Compliance With Reciprocal Retirement Act.

38.2216 Compliance with reciprocal retirement act.
Sec. 216.
The retirement system shall comply with the reciprocal retirement act, 1961 PA 88, MCL 38.1101 to 38.1106, if a resolution electing to come under the provisions of the reciprocal retirement act, 1961 PA 88, MCL 38.1101 to 38.1106, is in effect.
History:
1992, Act 234, Eff. Mar. 31, 1993 ;-- Am. 2002, Act 95, Imd. Eff. Mar. 27, 2002