reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1004 - “Retirement System” Defined.

38.1004 “Retirement system” defined.
Sec. 4.
"Retirement system" means the Michigan legislative retirement system.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1005 - Board; Definition.

38.1005 Board; definition.
Sec. 5.
"Board" means the board of trustees of the system.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1006 - “Member” Defined.

38.1006 “Member” defined.
Sec. 6.
(1) Except as otherwise provided in subsection (2), "member" means any of the following:
(a) A legislator of this state.
(b) The secretary of the senate who served not less than 6 months before January 1, 1979, and for not less than 3 months after January 1, 1979.
(c) The clerk of the house who served not less than 6 months before January 1, 1979, and for not less than 3 months after January 1, 1979.
(d) The lieutenant governor.
(2) Member does not include any of the following:
(a) An individual who elects not to participate in the retirement system under section 18.
(b) An individual who first becomes a legislator or lieutenant governor on or after March 31, 1997.
(c) An individual who elects to terminate membership under section 61 and who, but for that election, would otherwise be eligible for membership in Tier 1 under section 18.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1979, Act 52, Imd. Eff. July 7, 1979 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1981, Act 185, Imd. Eff. Dec. 23, 1981 ;-- Am. 1996, Act 486, Eff. Mar. 31, 1997
Compiler's Notes:
Section 2 of Act 486 of 1996 provides:“Section 2. If any section or part of a section of this act is for any reason held to be invalid or unconstitutional, the holding does not affect the validity of the remaining sections of this act or the act in its entirety.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1007 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.

38.1007 Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Compiler's Notes:
The repealed section pertained to definitions.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1007a - “Direct Rollover” and “Distributee” Defined.

38.1007a “Direct rollover” and “distributee” defined.
Sec. 7a.
(1) "Direct rollover" means a payment by the retirement system to the eligible retirement plan specified by the distributee.
(2) "Distributee" includes a member or deferred vested member. Distributee also includes the member's or deferred vested member's surviving spouse or the member's or deferred vested member's spouse or former spouse under an eligible domestic relations order, with regard to the interest of the spouse or former spouse.
History:
Add. 1995, Act 175, Imd. Eff. Oct. 17, 1995
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1008 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.

38.1008 Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Compiler's Notes:
The repealed section pertained to definitions.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1008a - Definitions.

38.1008a Definitions.
Sec. 8a.
(1) Beginning January 1, 2002, except as otherwise provided in this subsection, "eligible retirement plan" means 1 or more of the following:
(a) An individual retirement account described in section 408(a) of the internal revenue code, 26 USC 408.
(b) An individual retirement annuity described in section 408(b) of the internal revenue code, 26 USC 408.
(c) An annuity plan described in section 403(a) of the internal revenue code, 26 USC 403.
(d) A qualified trust described in section 401(a) of the internal revenue code, 26 USC 401.
(e) An annuity contract described in section 403(b) of the internal revenue code, 26 USC 403.
(f) An eligible plan under section 457(b) of the internal revenue code, 26 USC 457, that is maintained by a state, political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state and that agrees to separately account for amounts transferred into the eligible plan under section 457(b) of the internal revenue code, 26 USC 457, from this retirement system, that accepts the distributee's eligible rollover distribution.
(g) Beginning January 1, 2008, a Roth individual retirement account as described in section 408A of the internal revenue code, 26 USC 408A, subject to the rules that apply to rollovers from a traditional individual retirement account to a Roth individual retirement account.
(2) Beginning January 1, 2007, "eligible rollover distribution" means a distribution of all or any portion of the balance to the credit of the distributee. Eligible rollover distribution does not include any of the following:
(a) A distribution made for the life or life expectancy of the distributee or the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary.
(b) A distribution for a specified period of 10 years or more.
(c) A distribution to the extent that the distribution is required under section 401(a)(9) of the internal revenue code.
(d) The portion of any distribution that is not includable in federal gross income, except to the extent such portion of the distribution is paid to either of the following:
(i) An individual retirement account or annuity described in section 408(a) or 408(b) of the internal revenue code, 26 USC 408.
(ii) A qualified plan described in section 401(a) of the internal revenue code, 26 USC 401, or an annuity contract described in section 403(b) of the internal revenue code, 26 USC 403, and the plan providers agree to separately account for the amounts paid, including any portion of the distribution that is includable in federal gross income, and the portion of the distribution which is not so includable.
(3) "Internal revenue code" means the United States internal revenue code of 1986.
History:
Add. 1995, Act 175, Imd. Eff. Oct. 17, 1995 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002 ;-- Am. 2008, Act 355, Imd. Eff. Dec. 23, 2008
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1009 - “Salary” Defined.

38.1009 “Salary” defined.
Sec. 9.
(1) "Salary" means the compensation, common to all legislators, exclusive of travel allowance, paid by the state for 1 year of service as a legislator. A member shall contribute to the retirement system based on the percentage applied to that salary.
(2) For purposes of section 23, salary also includes an additional 2% through December 30, 1986, and 4% beginning December 31, 1986, compounded annually and added for each year or portion of a year that expires after the member terminates service and before the member retires, of the member's greatest salary determined pursuant to subsection (1) received in 1 calendar year. This subsection only applies to a member who first becomes a member on or before January 1, 1995, and whose service terminates on or after December 1, 1978.
(3) For purposes of section 23, for a member who left service before December 1, 1978, salary also includes an additional 2% for each year beginning January 1, 1979 through December 30, 1986 and 4% beginning December 31, 1986, compounded annually and added for each year or portion of a year that expires after the member terminates service and before the member retires, of the member's greatest salary determined pursuant to subsection (1) received in 1 calendar year.
(4) For purposes of section 23, salary also includes an amount equal to the greatest amount of additional compensation received in 1 calendar year as a result of being in a leadership position, divided by 5, and then multiplied by the number of years or portion of a year, not to exceed 8, in which the member was in a leadership position and received additional compensation. Before a member who first becomes a member on or before January 1, 1995, may have the additional compensation included in salary under this subsection, the member shall pay to the retirement system a sum equal to 9% of the total additional compensation received. Before a member who first becomes a member after January 1, 1995, may have the additional compensation included in salary under this subsection, the member shall pay to the retirement system a sum equal to 7% of the total additional compensation received.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1968, Act 229, Eff. July 1, 1968 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1974, Act 215, Eff. Dec. 31, 1974 ;-- Am. 1978, Act 560, Imd. Eff. Dec. 27, 1978 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1987, Act 58, Imd. Eff. June 23, 1987 ;-- Am. 1988, Act 512, Imd. Eff. Dec. 29, 1988 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1010 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.

38.1010 Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Compiler's Notes:
The repealed section defined “military service.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1012 - “Retirement Allowance” Defined.

38.1012 “Retirement allowance” defined.
Sec. 12.
"Retirement allowance" means a series of equal monthly payments payable at the end of each calendar month to a person while he or she is a retirant. The first payment shall be prorated for any fraction of a month from the date of retirement to the end of the first month, but a deduction from the regular monthly payment shall not be made for any fraction of a month remaining at the time of the retirant's death.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1987, Act 58, Imd. Eff. June 23, 1987
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1013 - “Retirant” Defined.

38.1013 “Retirant” defined.
Sec. 13.
"Retirant" means a person receiving an annual retirement allowance from the retirement system.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1974, Act 215, Eff. Dec. 31, 1974 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1013a - “Survivor,”“eligible Child,” and “Surviving Spouse” Defined.

38.1013a “Survivor,”“eligible child,” and “surviving spouse” defined.
Sec. 13a.
(1) "Survivor" means the eligible surviving spouse or eligible child or children of a member, deferred vested member, or retirant.
(2) "Eligible child" means an unmarried child of a member, deferred vested member, or retirant who is:
(a) Under 18 years of age.
(b) Over 18 years of age with a mental or physical disability that precludes engaging in any gainful occupation.
(c) Over 18 years of age and regularly attending high school or an accredited institution of higher learning until becoming 25 years of age or no longer regularly attending school, whichever first occurs.
(3) "Surviving spouse" means the person to whom a member, deferred vested member, or retirant is legally married at the time of his or her death.
History:
Add. 1960, Act 113, Eff. Aug. 17, 1960 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1998, Act 78, Imd. Eff. May 4, 1998 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1014 - “Refund Beneficiary” Defined.

38.1014 “Refund beneficiary” defined.
Sec. 14.
"Refund beneficiary" means the 1 or more persons named by a member, deferred vested member, or retirant in writing and filed in the office of the retirement system to receive any refund of a member, deferred vested member, or retirant's contributions upon his or her death if a survivor's retirement allowance is not payable under this act. In the absence of a valid beneficiary designation, refund payment shall be made to the executor or personal representative of the deceased for the benefit of the estate.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1960, Act 113, Eff. Aug. 17, 1960 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1015 - Actuarial Tables; Definition.

38.1015 Actuarial tables; definition.
Sec. 15.
"Actuarial tables" means such tables as are from time to time adopted by the board for computing allowances based upon the experience of the system as recommended by the actuary.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1016 - Prescribed Rate of Interest; Definition.

38.1016 Prescribed rate of interest; definition.
Sec. 16.
"Prescribed rate of interest" means such rate or rates as shall from time to time be prescribed by the board.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1968, Act 99, Imd. Eff. June 7, 1968
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1017 - “Fiscal Year” Defined.

38.1017 “Fiscal year” defined.
Sec. 17.
"Fiscal year" means the fiscal year of the state as described in section 1 of Act No. 116 of the Public Acts of 1887, as amended, being section 21.91 of the Michigan Compiled Laws.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1979, Act 52, Imd. Eff. July 7, 1979
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1017a - “Deferred Vested Member” Defined.

38.1017a “Deferred vested member” defined.
Sec. 17a.
"Deferred vested member" means a member who left the legislature having satisfied the requirements of section 23(1)(a), but without having attained 55 years of age.
History:
Add. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1981, Act 185, Imd. Eff. Dec. 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1017b - “Leadership Position” Defined.

38.1017b “Leadership position” defined.
Sec. 17b.
"Leadership position" means a position held by a member of the legislature who, in addition to salary common to all legislators, receives supplemental salary attributable to holding that position as determined by the state officers compensation commission under section 12 of article IV of the state constitution of 1963 and 1968 PA 357, MCL 15.211 to 15.218.
History:
Add. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1987, Act 58, Imd. Eff. June 23, 1987 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1017c - “Legislator” Defined.

38.1017c “Legislator” defined.
Sec. 17c.
"Legislator" means a person duly elected and serving in the Michigan house of representatives or the Michigan senate.
History:
Add. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1017d - “Tier 1” and “Tier 2” Defined.

38.1017d “Tier 1” and “Tier 2” defined.
Sec. 17d.
(1) "Tier 1" means the retirement plan available under this act to a member who first became a legislator or lieutenant governor 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 sections 61 to 80.
History:
Add. 1996, Act 486, Eff. Mar. 31, 1997
Compiler's Notes:
Section 2 of Act 486 of 1996 provides:“Section 2. If any section or part of a section of this act is for any reason held to be invalid or unconstitutional, the holding does not affect the validity of the remaining sections of this act or the act in its entirety.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1019 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.

38.1019 Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Compiler's Notes:
The repealed section subjected participants to survivors' retirement allowances.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1021 - Members' Savings Fund; Creation; Purpose; Contributions; Rate; Additional Contributions; Payroll Deductions; Transfer of Contributions Upon Retirement or Death.

38.1021 Members' savings fund; creation; purpose; contributions; rate; additional contributions; payroll deductions; transfer of contributions upon retirement or death.
Sec. 21.
(1) The members' savings fund is created in the retirement system. The retirement system shall accumulate in the members' savings fund the contributions made by members toward the financing of their retirement allowances, shall make transfers of those contributions from the members' savings fund to the members' retirement fund, and shall make refunds of contributions from the members' savings fund as provided in this act. Except as otherwise provided in this subsection, a member who first becomes a member on or before January 1, 1995, shall make contributions to the members' savings fund of 7% of each payment of salary received by the member for service as a member, but not for a period exceeding 20 years. Except as otherwise provided in this subsection, a member who first becomes a member after January 1, 1995, shall make contributions to the members' savings fund of 5% of each payment of salary received by the member for services as a member. Beginning on the effective date of section 36a, member contributions required under this subsection are suspended unless reinstated by the board under section 36a.
(2) During the period beginning on January 1, 1999 and ending on December 31, 2000, a member who first became a member after December 1, 1994 and on or before January 1, 1995, shall make additional member contributions to the members' savings fund of 4% of each payment of salary received by the member for services as a member.
(3) The member contributions required by this section shall be made by payroll deductions. Each member is considered to consent and agree to the payroll deductions as a condition of membership in the retirement system.
(4) Upon the retirement of a member, his or her accumulated contributions shall be transferred to the members' retirement fund. Upon the death of a member, if a survivor's retirement allowance becomes payable on account of the member's death, his or her accumulated contributions shall be transferred to the survivors' retirement fund.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1960, Act 113, Eff. Aug. 17, 1960 ;-- Am. 1968, Act 229, Eff. July 1, 1968 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1974, Act 215, Eff. Dec. 31, 1974 ;-- Am. 1978, Act 560, Imd. Eff. Dec. 27, 1978 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1987, Act 58, Imd. Eff. June 23, 1987 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1021a - Member Contributions Picked Up by State.

38.1021a Member contributions picked up by state.
Sec. 21a.
The state shall pick up the member contributions required by sections 21, 22, 22c, and 50a for all compensation earned after December 31, 1986. Contributions picked up shall be treated as employer contributions in determining tax treatment under the internal revenue code. The state shall pay these member contributions from the same source of funds that is used in paying compensation to the member. The state may pick up these contributions by a reduction in the cash salary of the member. Member contributions picked up shall be treated for all other purposes in the same manner and to the same extent as member contributions made before the date picked up.
History:
Add. 1987, Act 58, Imd. Eff. June 23, 1987 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1022a - Income Fund; Creation; Purpose; Interest, Dividends, and Other Income; Expenses.

38.1022a Income fund; creation; purpose; interest, dividends, and other income; expenses.
Sec. 22a.
(1) An income fund is created in the retirement system. The retirement system shall credit to the income fund all interest, dividends, and other income from the investment of retirement system assets and all other money for which there is no specific disposition provided in this act.
(2) The retirement board annually shall credit regular interest on the preceding year balances in the members' retirement fund, members' savings fund, survivors' retirement fund, grants and insurance revolving fund, and the health insurance fund. The retirement board shall charge to the income fund the interest credited to the funds 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 income fund.
History:
Add. 1960, Act 113, Eff. Aug. 17, 1960 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1987, Act 58, Imd. Eff. June 23, 1987 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1022b - Prorating and Allocating Annual Appropriations to Retirement System.

38.1022b Prorating and allocating annual appropriations to retirement system.
Sec. 22b.
Annual appropriations of the state made pursuant to this act shall be prorated and allocated to the retirement system not less than quarterly. Payment of the amount allocated for each quarter shall be made not later than the forty-fifth day following the beginning of the quarter.
History:
Add. 1987, Act 58, Imd. Eff. June 23, 1987
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1022c - Health Insurance Fund; Creation; Disposition; Disbursement; Contributions; Payroll Deductions; Nonrefundable.

38.1022c Health insurance fund; creation; disposition; disbursement; contributions; payroll deductions; nonrefundable.
Sec. 22c.
(1) The health insurance fund is created in the retirement system. The retirement system shall deposit into the health insurance fund the member contributions for health benefits required by this section, subscriber co-payments, payments under section 79, regular interest from the income fund, and state appropriations. The retirement system shall disburse from the health insurance fund the premiums or portion of the premiums for dental, hospital, and medical coverage insurance as required by sections 50b and 79.
(2) Except as otherwise provided in this subsection, a member shall make contributions to the health insurance fund of 1% of each payment of salary received that is attributable to service performed on and after January 1, 1995. Beginning on the effective date of section 36a, a member who first became a member of Tier 1 on or before January 1, 1995 shall make contributions to the health insurance fund of 9% of each payment of salary received by the member for service as a member. Beginning on the effective date of section 36a, a member who first became a member of Tier 1 after January 1, 1995 shall make contributions to the health insurance fund of 7% of each payment of salary received by the member for service as a member. The increased contributions required under this subsection by the amendatory act that added section 36a will continue unless suspended by the board under section 36a. The contributions shall be made by payroll deductions and each member is considered to consent to the deductions as a condition of membership in the retirement system.
(3) Except as otherwise provided by this act, membership contributions to the health insurance fund are not refundable.
History:
Add. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1996, Act 486, Eff. Mar. 31, 1997 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
Compiler's Notes:
Section 2 of Act 486 of 1996 provides:“Section 2. If any section or part of a section of this act is for any reason held to be invalid or unconstitutional, the holding does not affect the validity of the remaining sections of this act or the act in its entirety.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1023a - Repealed. 1974, Act 215, Eff. Dec. 31, 1974.

38.1023a Repealed. 1974, Act 215, Eff. Dec. 31, 1974.
Compiler's Notes:
The repealed section pertained to retirement upon attaining age 55.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1023c - Increase of Retirement Allowance.

38.1023c Increase of retirement allowance.
Sec. 23c.
(1) After December 31, 1986, on January 1 of each year a retirement allowance attributable to a member who first becomes a member on or before January 1, 1995, shall be increased 4% compounded annually.
(2) Beginning January 1, 1995, each retirement allowance attributable to a member who first becomes a member after January 1, 1995, shall be increased each January 1. The amount of the annual increase shall be equal to 4% of the retirement allowance payable as of the retirement allowance effective date.
(3) A retirement allowance that begins after January 1 of the immediately preceding calendar year shall be increased under this section on a pro rata basis by the applicable percentage amount from the time the retirement allowance begins to the date of the increase.
History:
Add. 1974, Act 215, Eff. Dec. 31, 1974 ;-- Am. 1978, Act 560, Eff. Jan. 1, 1979 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1987, Act 58, Imd. Eff. June 23, 1987 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1023d - Disabled Member; Retirement Allowance; Annual Examination.

38.1023d Disabled member; retirement allowance; annual examination.
Sec. 23d.
(1) A member who meets the service requirements of section 23(1)(a) but not the age requirements of section 23(1)(b), a member who does not meet the requirements of section 23(10)(b), or a deferred vested member may receive a retirement allowance if the board has received a certification by not less than 2 licensed physicians appointed by the board stating that the member or deferred vested member is disabled from engaging in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death, or can be expected to last for a continuous period of 12 months or more.
(2) A member or deferred vested member who is determined eligible to receive a retirement allowance under subsection (1) shall receive the retirement allowance applicable to that member or deferred vested member provided for in section 23(4), (5), or (6).
(3) A member who is currently receiving compensation as a legislator or lieutenant governor shall not receive a retirement allowance under this section.
(4) The board may provide for the examination by 1 or more licensed physicians designated by the board at least once a year of a person who is receiving a retirement allowance under this section during the continuance of the disability. The board shall not provide for an examination after the member attains 55 years of age.
History:
Add. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1998, Act 501, Imd. Eff. Jan. 5, 1999 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1023e - Supplemental Payments for Retirants or Retirement Allowance Beneficiaries With Retirement Allowance Effective Date Before January 1, 1979; Future Adjustments.

38.1023e Supplemental payments for retirants or retirement allowance beneficiaries with retirement allowance effective date before January 1, 1979; future adjustments.
Sec. 23e.
(1) Effective January 1, 1988, but before any of the increases provided by section 23c on or before January 1, 1988 are included, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary and determined upon the date of retirement of the retirant whose retirement allowance effective date was before January 1, 1979 is supplemented as follows:
Effective Date of Retirement
Percent of Increase
October 1, 1977 to December 31, 1978
10
October 1, 1976 to September 30, 1977
11
October 1, 1975 to September 30, 1976
12
October 1, 1974 to September 30, 1975
13
October 1, 1973 to September 30, 1974
14
October 1, 1972 to September 30, 1973
15
October 1, 1971 to September 30, 1972
16
October 1, 1970 to September 30, 1971
17
October 1, 1969 to September 30, 1970
18
October 1, 1968 to September 30, 1969
19
October 1, 1967 to September 30, 1968
20
October 1, 1966 to September 30, 1967
21
October 1, 1965 to September 30, 1966
22
October 1, 1964 to September 30, 1965
23
October 1, 1963 to September 30, 1964
24
October 1, 1962 to September 30, 1963
25
October 1, 1961 to September 30, 1962
26
October 1, 1960 to September 30, 1961
27
October 1, 1959 to September 30, 1960
28
October 1, 1958 to September 30, 1959
29
October 1, 1957 to September 30, 1958
30
(2) The recalculated retirement allowance as supplemented by this section shall be the basis on which future adjustments to the allowance are calculated.
History:
Add. 1987, Act 58, Imd. Eff. June 23, 1987
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1024a - Remarriage of Surviving Spouse.

38.1024a Remarriage of surviving spouse.
Sec. 24a.
The remarriage of a surviving spouse shall not render the surviving spouse ineligible to receive a survivor's retirement allowance described in section 24. A surviving spouse whose survivor's retirement allowance described in section 24 was terminated due to the surviving spouse's remarriage shall be eligible to receive that retirement allowance beginning on the first day of the month following the month in which written application for reinstatement is filed with the board, but shall not be eligible to receive the survivor's retirement allowance attributable to any month beginning before the month of reinstatement under this section.
History:
Add. 1986, Act 29, Imd. Eff. Mar. 10, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1025 - Retirement System as Trust; Board as Fiduciary; Nonapplicability to Tier 2 Retirement Plan.

38.1025 Retirement system as trust; board as fiduciary; nonapplicability to Tier 2 retirement plan.
Sec. 25.
(1) The retirement system shall be construed to be a trust, separate from all other entities, maintained for the purpose of securing payment of benefits to the members, deferred vested members, retirants, and their survivors and beneficiaries as provided in this act.
(2) The board is the fiduciary of the retirement system with the authority to control and manage the operation and administration of the retirement system in the manner provided by this act.
(3) This section does not apply to the Tier 2 retirement plan.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 1996, Act 486, Eff. Mar. 31, 1997
Compiler's Notes:
Section 2 of Act 486 of 1996 provides:“Section 2. If any section or part of a section of this act is for any reason held to be invalid or unconstitutional, the holding does not affect the validity of the remaining sections of this act or the act in its entirety.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1027 - First Board of Trustees; Organizational Meeting, Election of Officers.

38.1027 First board of trustees; organizational meeting, election of officers.
Sec. 27.
The first board shall meet as soon as practicable after the enactment of this act, at Lansing, Michigan, for the purpose of organizing this system and shall, at that meeting, elect a chairman and a vice-chairman.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1028 - Vacancy in Trusteeship.

38.1028 Vacancy in trusteeship.
Sec. 28.
Beginning January 1, 2012, a vacancy in a trusteeship shall be filled as provided in the bylaws.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981 ;-- Am. 2006, Act 614, Imd. Eff. Jan. 3, 2007
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1029 - Trustees; Compensation and Expenses.

38.1029 Trustees; compensation and expenses.
Sec. 29.
Trustees shall serve without compensation but shall be reimbursed for any reasonable traveling expenses incurred in attending meetings of the board.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1030 - Board of Trustees; Quorum, Proxy.

38.1030 Board of trustees; quorum, proxy.
Sec. 30.
Each trustee is entitled to 1 vote on any action of the board and at least 6 concurring votes are necessary for any action by the board at a meeting. A decision or action shall not become effective, unless presented and so approved by the action of the board. A trustee shall not vote by proxy, but shall be present at the meeting in order to have his or her vote recorded.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1994, Act 359, Eff. Dec. 31, 1994 ;-- Am. 2002, Act 97, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1031 - Board of Trustees; Powers and Duties.

38.1031 Board of trustees; powers and duties.
Sec. 31.
The board shall, in addition to all other powers and duties arising out of this act and not otherwise specifically reserved or delegated to others, have the powers and duties designated in sections 32 to 44, inclusive, of this act.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1032 - Board of Trustees; Regular and Special Meetings; Conducting Business at Public Meeting; Notice of Meeting.

38.1032 Board of trustees; regular and special meetings; conducting business at public meeting; notice of meeting.
Sec. 32.
The board shall hold regular meetings at least quarterly each year and special meetings when considered necessary by the chairperson of the board. Meetings of the board shall be held in the office of the board. The business which the board may perform shall be conducted at a public meeting of the board held 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:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1977, Act 179, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1033 - Board of Trustees; Authority as to Retirement Allowances, Suspensions and Refunds.

38.1033 Board of trustees; authority as to retirement allowances, suspensions and refunds.
Sec. 33.
The board shall consider and pass on all applications for retirement allowances and refunds, authorize the granting of all retirement allowances and refunds and suspend any payment or payments, all in accordance with the provisions of this act.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1034 - Board of Trustees; Certification of Prescribed Interest Rate; Adoption of Actuarial Tables.

38.1034 Board of trustees; certification of prescribed interest rate; adoption of actuarial tables.
Sec. 34.
The board shall certify in the records of the board the prescribed interest rate, and adopt all necessary actuarial tables in accordance with certifications of the actuary.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1035 - Board of Trustees; Estimate of Appropriation.

38.1035 Board of trustees; estimate of appropriation.
Sec. 35.
The board shall submit to the governor on or before November first of each year an estimate of the amount of appropriation required for the purpose of the system for the next fiscal year.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1036 - Repealed. 1987, Act 58, Imd. Eff. June 23, 1987.

38.1036 Repealed. 1987, Act 58, Imd. Eff. June 23, 1987.
Compiler's Notes:
The repealed section pertained to investments by board of trustees.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1036a - Reinstatement of Suspended Contributions.

38.1036a Reinstatement of suspended contributions.
Sec. 36a.
If the actuary determines in his or her annual valuation of the system that the system is less than 100% funded, the retirement board may reinstate the member contributions that were suspended in sections 21, 22, and 50a and reduce the member contributions that were increased in section 22c.
History:
Add. 1998, Act 501, Imd. Eff. Jan. 5, 1999
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1037 - Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.

38.1037 Repealed. 1981, Act 123, Imd. Eff. July 23, 1981.
Compiler's Notes:
The repealed section pertained to annual medical examination of disability retirants.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1038 - Board of Trustees; Offices; Books and Records; Availability of Certain Writings to Public.

38.1038 Board of trustees; offices; books and records; availability of certain writings to public.
Sec. 38.
The board shall establish an office or offices which provide suitable space for the meetings of the board and for the necessary administrative personnel. All books and records shall be kept in those offices. A writing prepared, owned, used, in the possession of, or retained by the board, in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1977, Act 179, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1039 - Board of Trustees; Appointment of Secretary and Administrative Personnel.

38.1039 Board of trustees; appointment of secretary and administrative personnel.
Sec. 39.
The board shall appoint a secretary and employ such other actuarial, medical, clerical or other help as shall from time to time be required for the efficient administration of the system and determine and fix the rate of pay of such persons.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1040 - Board of Trustees; Record of Proceedings; Individual Accounts; Actuarial Data.

38.1040 Board of trustees; record of proceedings; individual accounts; actuarial data.
Sec. 40.
The board shall keep a permanent record of all proceedings of the board, a separate account for each individual member and such additional data as shall be specified by the actuary as being necessary for required calculations and valuations.
History:
1957, Act 261, Eff. Sept. 27, 1957
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1041 - Board of Trustees; Audit of Accounts; Annual Statement.

38.1041 Board of trustees; audit of accounts; annual statement.
Sec. 41.
The board shall have the accounts of the system audited at least biennially by the auditor general and submit an annual statement to the governor and legislature as soon as possible after the end of each fiscal year.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1960, Act 113, Eff. Aug. 17, 1960
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1042 - Acceptance of Gift, Grant, or Bequest by Board.

38.1042 Acceptance of gift, grant, or bequest by board.
Sec. 42.
The board may accept any gift, grant, or bequest of any money or securities for the purposes designated by the grantor.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1043 - Individual Statement.

38.1043 Individual statement.
Sec. 43.
The board shall submit an individual statement to a member, deferred vested member, or retirant upon reasonable request. The statement shall indicate the amount of accumulations to the credit of the member, deferred vested member, or retirant as of the latest date practicable.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1044 - Rules and Bylaws.

38.1044 Rules and bylaws.
Sec. 44.
The board shall adopt rules and bylaws necessary for the efficient administration of the system.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1974, Act 215, Eff. Dec. 31, 1974
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1045 - Secretary of Board; Powers and Duties.

38.1045 Secretary of board; powers and duties.
Sec. 45.
The secretary of the board shall be in charge of the administration of the detailed affairs of the retirement system and, in addition to the other powers and duties as are properly delegated by the board, shall:
(a) Collect and record the receipt of all payments to the retirement system, including member contributions, state contributions, interest and principal collections on investments as they become due and payable, and other funds accruing to the retirement system, and immediately deposit them with the state treasurer for the account of the retirement system.
(b) Sign vouchers requesting warrants upon the state treasurer pursuant to resolutions of the board, authorizing payment of benefits, refunds, and expenses out of funds belonging to the retirement system.
(c) Certify to the proper authority the names of the persons from whom deductions are to be made and the amounts or rates of the contributions to be deducted.
History:
1957, Act 261, Eff. Sept. 27, 1957 ;-- Am. 1970, Act 237, Eff. Jan. 1, 1971 ;-- Am. 1981, Act 123, Imd. Eff. July 23, 1981
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 261 of 1957 - Michigan Legislative Retirement System Act (38.1001 - 38.1080) › Section 38.1046 - Actuary; Technical Advisor of Board, Powers and Duties.

38.1046 Actuary; technical advisor of board, powers and duties.
Sec. 46.
The actuary shall be the technical advisor of the board and, in addition to supplying general information on technical matters, shall:
1. Make an investigation during the fourth year of operation of the system, and at least once every 5 years thereafter of the mortality, retirement, disability, separation, interest and salary rates and recommend, as a result of each such investigation, the tables to be adopted for all required actuarial calculations;
2. Make an annual valuation of the liabilities and reserves of the system, an annual determination of the amount of the required state contributions and certify the results thereof to the board.
History:
1957, Act 261, Eff. Sept. 27, 1957