reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1343 - Percentage Paid for Participants in Optional Retirement Program.

38.1343 Percentage paid for participants in optional retirement program.
Sec. 43.
The percentage of aggregate annual compensation to be paid for employees who participate in the optional retirement program under the optional retirement act of 1967, Act No. 156 of the Public Acts of 1967, as amended, being sections 38.381 to 38.388 of the Michigan Compiled Laws, shall be only for the employer's share of social security.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1986, Act 123, Imd. Eff. June 2, 1986 ;-- Am. 1987, Act 242, Imd. Eff. Dec. 28, 1987 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 1994, Act 272, Imd. Eff. July 11, 1994
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1343b - Eligibility Requirements; Exceptions.

38.1343b Eligibility requirements; exceptions.
Sec. 43b.
A member who contributes to the member investment plan shall have the eligibility requirements of section 81 except as follows:
(a) The age 55 requirement of section 81(1)(a) shall not apply.
(b) The 10 years of credited service requirement of section 81(1)(b) shall be 5 years if the member is working as a public school employee and the member received credited service in each of the 5 school fiscal years immediately preceding the retirement allowance effective date.
History:
Add. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1343c - Entitlements.

38.1343c Entitlements.
Sec. 43c.
A member other than a member who first became a member on or after July 1, 2010 who contributes to the member investment plan, or the retirement allowance beneficiary of that member, shall be entitled to all of the following:
(a) A 36-month averaging period for the computation of final average compensation, as provided in section 4.
(b) An annual increase in the retirement allowance. The first increase will occur on the first October 1 that is at least 1 full year after the effective date of the retirement allowance. Subsequent annual increases will occur on October 1 of each subsequent year. The amount of the annual increase shall be equal to 3% of the retirement allowance that would be payable as of the date of the increase without application of this subdivision. However, if the retirement allowance is being paid under section 85(2), the increase shall be based on the retirement allowance that would have been paid under the payment option selected by the member under section 85(1).
(c) The credited service eligibility requirement applicable to the survivor benefits provided in section 89 shall be reduced as follows:
(i) The 15 years of credited service requirement shall be 10 years.
(ii) The 10 years of credited service requirement shall be 5 years.
History:
Add. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 1998, Act 213, Eff. Mar. 23, 1999 ;-- Am. 2010, Act 75, Imd. Eff. May 19, 2010
Compiler's Notes:
Enacting section 1 of Act 75 of 2010 provides:"Enacting section 1. 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."
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1343d - Repealed. 2012, Act 300, Imd. Eff. Sept. 4, 2012.

38.1343d Repealed. 2012, Act 300, Imd. Eff. Sept. 4, 2012.
Compiler's Notes:
The repealed section pertained to conditions for election to make contributions to member investment plan.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1343e - Member Before September 4, 2012; Contribution of Percentage to Funding Account Under Public Employee Retirement Health Care Funding Act; "Funding Account" Defined.

38.1343e Member before September 4, 2012; contribution of percentage to funding account under public employee retirement health care funding act; "funding account" defined.
Sec. 43e.
Except as otherwise provided in this section or section 91a, each member who first became a member before September 4, 2012 shall contribute 3% of the member's compensation to the appropriate funding account established under the public employee retirement health care funding act, 2010 PA 77, MCL 38.2731 to 38.2747. The member contributions under this section shall be deducted by the employer and remitted as employer contributions in a manner that the retirement system shall determine. As used in this section, "funding account" means the appropriate irrevocable trust created in the public employee retirement health care funding act, 2010 PA 77, MCL 38.2731 to 38.2747, for the deposit of funds and the payment of retirement health care benefits.
History:
Add. 2010, Act 75, Imd. Eff. May 19, 2010 ;-- Am. 2012, Act 300, Imd. Eff. Sept. 4, 2012
Compiler's Notes:
Enacting section 1 of Act 75 of 2010 provides:"Enacting section 1. 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."Enacting section 2 of Act 300 of 2012 provides:"Enacting section 2. (1) If the office of retirement services in the department of technology, management, and budget receives notification from the United States internal revenue service that any section or any portion of a section of this amendatory act will cause the retirement system to be disqualified for tax purposes under the internal revenue code, then the portion that will cause the disqualification does not apply."(2) The provisions of this amendatory act are severable. If any part of this amendatory act is declared invalid or unconstitutional, that declaration shall not affect the remaining part of this amendatory act."
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1343i - Determination and Assessment of Supplemental Employer Contributions by Community or Junior College Reporting Units; Payment.

38.1343i Determination and assessment of supplemental employer contributions by community or junior college reporting units; payment.
Sec. 43i.
(1) The retirement system shall determine and assess a supplemental employer contribution for each reporting unit that is a tax supported community or junior college on the basis of information reported by the reporting unit under section 42a, and payroll data reported to the retirement system by the reporting unit. The contribution determined and assessed under this section must take into account all of the following:
(a) The extent to which the reporting unit remitted employer contributions and related retirement information for individuals employed by the reporting unit while enrolled as a part-time student in that same reporting unit for each of the 4 school fiscal years preceding the state fiscal year ending September 30, 2018.
(b) The contribution rate must be calculated in the manner provided by section 42.
(2) The retirement system shall determine and assess a supplemental employer contribution for each reporting unit that is a tax supported community or junior college on the basis of service credit claimed under section 43h for the time period and payroll data reported to the retirement system by the reporting unit. In making its determination under this subsection, the retirement system shall take into account all of the following:
(a) The amount and duration of service claimed.
(b) The retirement plan election made by an eligible individual, as applicable.
(3) The contribution rate for service under subsection (2) must be calculated in the manner provided by section 42.
(4) On payment by a reporting unit of the supplemental employer contribution rate assessed under this section, the reporting unit's financial obligation for the service is considered satisfied in full.
History:
Add. 2018, Act 512, Imd. Eff. Dec. 28, 2018
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1344 - Separation From Service; Death; Unclaimed Retirement Allowance or Other Money.

38.1344 Separation from service; death; unclaimed retirement allowance or other money.
Sec. 44.
Upon the separation from service by a member or upon the death of a member, a former member, a retirant, a retirement allowance beneficiary, or a refund beneficiary, any unclaimed retirement allowance or other money otherwise payable on account of the separation or death shall remain a part of that fund in which it is deposited until claimed by the separated member, retirement allowance beneficiary, or refund beneficiary or the estate or legal representative of a separated member, retirement allowance beneficiary, or refund beneficiary.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1345 - Change or Error in Records; Correction; Adjustment in Benefits.

38.1345 Change or error in records; correction; adjustment in benefits.
Sec. 45.
If a change or error in the records of the retirement system results in a retirant, retirement allowance beneficiary, or refund beneficiary receiving from the retirement system more or less than the retirant, retirement allowance beneficiary, or refund beneficiary would have been entitled to receive had the records been correct, the retirement system shall correct the error, and as far as practicable, shall adjust the payment to provide an actuarial equivalent of the benefit to which the retirant, retirement allowance beneficiary, or refund beneficiary was entitled. An adjustment in benefits shall not be made for an error totaling $10.00 or less annually and the amount shall be debited or credited to the reserve for employer contributions.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1346 - Benefits; Exemption From Taxation; Subject to Taxation Beginning January 1, 2012; Offset of Retirement Benefits or Refunds; Forfeiture of Service Credit.

38.1346 Benefits; exemption from taxation; subject to taxation beginning January 1, 2012; offset of retirement benefits or refunds; forfeiture of service credit.
Sec. 46.
(1) Except as otherwise provided in this section, a retirement allowance, an optional benefit, or any other benefit accrued or accruing to a person under this act, the reserves created by this act, and the money, investments, or income of those reserves are exempt from state, county, municipal, or other local tax and are subject to the public employee retirement benefit protection act, 2002 PA 100, MCL 38.1681 to 38.1689.
(2) Beginning January 1, 2012, a retirement allowance, an optional benefit, or any other benefit accrued or accruing to a person under this act is subject to state tax upon distribution to the person from the various funds created by this act.
(3) The retirement system may offset retirement benefits or refunds payable under this act against amounts owed to the retirement system by a member, retirant, retirement allowance beneficiary, or refund beneficiary.
(4) If the retirement system is required by the federal government pursuant to a court order to transmit a part of a member's contributions standing to the member's credit in the reserve for employee contributions to a federal agency, the service credit that is covered by the payment shall be forfeited in the same manner as if the employee had requested and been paid a refund of the member's most recent contributions.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 40, Imd. Eff. June 13, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 1991, Act 47, Imd. Eff. June 27, 1991 ;-- Am. 2002, Act 94, Imd. Eff. Mar. 27, 2002 ;-- Am. 2011, Act 42, Imd. Eff. May 25, 2011
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 3 - (38.1341...38.1359) › Section 38.1347 - Employee of Michigan High School Athletic Association; Entitlement to Benefits Preserved; Limited Membership; Continued Service; Eligibility for Retirement Benefits; Election; Termination of Employment; Computation of Retirement Allowance.

38.1347 Employee of Michigan high school athletic association; entitlement to benefits preserved; limited membership; continued service; eligibility for retirement benefits; election; termination of employment; computation of retirement allowance.
Sec. 47.
(1) An employee of the Michigan high school athletic association who is a member on December 31, 1987 shall have his or her entitlement to benefits from the retirement system preserved as those benefits exist on December 31, 1987. That employee shall retain a limited membership in the retirement system as provided in this section.
(2) The employee's continued service with the Michigan high school athletic association is service in the retirement system for the purpose of determining the employee's eligibility for retirement benefits that are dependent upon a specified period of total service or upon the attainment of a specified age while in service, or both. Notwithstanding section 81a(1)(c), the employee shall be eligible to retire under section 81a after December 31, 1987, if all the other requirements of that section are met.
(3) The employee shall be eligible to elect to receive his or her retirement allowance under section 85 if all the requirements of that section are met. The employee shall also be eligible to elect the option provided in section 85(1)(b) and nominate a retirement allowance beneficiary as specified in section 85(3) if all the other requirements of section 89 are met. If a Michigan high school athletic association employee has met all age and service requirements for a retirement allowance as of December 31, 1987, the employee is eligible for benefits under section 85 as of December 31, 1987.
(4) If the employee terminates his or her employment with the Michigan high school athletic association with a retirement allowance payable under the retirement system, the computation of the retirement allowance shall be based upon all of the following:
(a) The employee's credited service as of December 31, 1987.
(b) The employee's final average compensation before January 1, 1988, as determined under section 4, or, the average of the employee's annual compensation immediately before January 1, 1988 if the employee's total credited service is less than 5 years.
History:
Add. 1987, Act 242, Imd. Eff. Dec. 28, 1987 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1360 - Purchase of Service Credit; 2 Years Service Credit Required.

38.1360 Purchase of service credit; 2 years service credit required.
Sec. 60.
Notwithstanding any provision of this act to the contrary, on and after July 1, 2008, a member shall not purchase service credit under this act unless the member has been granted at least 2 years of service credit under section 68.
History:
Add. 2007, Act 111, Imd. Eff. Oct. 1, 2007
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1361a - Report to Legislature on Number of Active Employed Retirees.

38.1361a Report to legislature on number of active employed retirees.
Sec. 61a.
(1) The office of retirement services shall prepare 2 reports regarding retirants employed at reporting units as follows:
(a) For the period that begins on the effective date of the amendatory act that added this section and ends 1 year after the effective date of the amendatory act that added this section, the number of retirants employed at reporting units during that period.
(b) For the period that begins 1 year after the effective date of the amendatory act that added this section and ends 5 years after the effective date of the amendatory act that added this section, the number of retirants employed at reporting units during that period.
(2) For each report required under subsection (1), not later than 1 month after the applicable reporting period, the office of retirement services shall deliver the report to the senate majority leader, the speaker of the house of representatives, the senate and house of representatives appropriations committees, and the senate and house fiscal agencies.
History:
Add. 2022, Act 185, Imd. Eff. July 25, 2022
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1362 - Purchasing Service Credit; Proof of Service; Contribution and Interest.

38.1362 Purchasing service credit; proof of service; contribution and interest.
Sec. 62.
If a member claims credit for service performed under this act or former Act No. 136 of the Public Acts of 1945, during the period the member was entitled to membership in the retirement system, but the member's employment was not reported to the retirement system and contributions were not remitted for that member, the member may purchase the credit upon presenting acceptable proof of the service and contributing to the retirement system an amount equal to the amount the member would have contributed according to the schedule governing contributions in effect at the time of that service, plus regular interest on the contributions.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980
Compiler's Notes:
Act 136 of 1945, referred to in this section, was repealed by Act 300 of 1980.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1363 - Noncontributory Plan; Applicability; Duty of Reporting Unit.

38.1363 Noncontributory plan; applicability; duty of reporting unit.
Sec. 63.
The noncontributory plan shall apply to each public school employee who is included in the membership of the retirement system. Each reporting unit shall remit the contributions as provided in section 42.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1365 - Written Application for Payment of Accumulated Contributions; Forfeiture of Prior Service.

38.1365 Written application for payment of accumulated contributions; forfeiture of prior service.
Sec. 65.
(1) If a member ceases to be a public school employee before satisfying the age and service requirements for a retirement allowance as provided in section 81(1)(a) or (b) or 43b or if a member elected the optional retirement system under the optional retirement act of 1967, Act No. 156 of the Public Acts of 1967, as amended, being sections 38.381 to 38.388 of the Michigan Compiled Laws, the member upon written application shall be paid, except as otherwise provided in this act, the accumulated contributions standing to the member's credit in the reserve for employee contributions and in the reserve for member investment plan, payable before the expiration of 90 days after submitting the written application for payment on a form provided by the retirement board.
(2) Upon payment of the accumulated contributions standing to the member's credit in the reserve for employee contributions and in the reserve for member investment plan pursuant to subsection (1), the member shall forfeit the prior service and contributory membership service credited to the member, and the noncontributory membership service credited during periods when the member contributed to the member investment plan. However, other membership service acquired under the noncontributory plan shall be nonforfeitable except as provided in section 67. The refund shall be payable notwithstanding any time limit for application contained in former Act No. 184 of the Public Acts of 1937, former Act No. 56 of the Public Acts of 1941, or former Act No. 136 of the Public Acts of 1945.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1366 - Cessation of Membership; Forfeiture of Service; Return to Service; Reinstatement of Previously Forfeited Service.

38.1366 Cessation of membership; forfeiture of service; return to service; reinstatement of previously forfeited service.
Sec. 66.
(1) Except as provided in section 65, if a member ceases to be a public school employee for any reason, except while on official leave from service with the reporting unit, the person shall cease to be a member. The person's credited contributory membership service and credited prior service, and the noncontributory membership service credited during periods when the member contributed to the member investment plan, shall be forfeited and no longer in effect if the person withdraws the accumulated contributions from the retirement system. If the person returns to reporting unit service, the person shall again become a member. If accumulated contributions were withdrawn and the person returns for a period of not less than 1 year of credited service, the person may pay into the retirement system, before the effective date of the person's retirement, the amount withdrawn, together with simple interest on the amount withdrawn from the reserve for employee contributions and compound interest on the amount withdrawn from the reserve for member investment plan computed in each case from the date of withdrawal to the semiannual anniversary of the date of withdrawal following the date of repayment. Upon payment in full, the member shall be allowed credit for the service upon which the refund was based, which shall reinstate the previously forfeited service. However, a member who previously withdrew the contributions and who separated from reporting unit service for 60 consecutive calendar months shall not be allowed credit for the service upon which the refund was based until the member returns to service for 2 or more years of credited service and returns the accumulated contributions previously withdrawn, together with simple interest on the amount withdrawn from the reserve for employee contributions and compound interest on the amount withdrawn from the reserve for member investment plan computed in each case from the date of withdrawal to the semiannual anniversary of the date of withdrawal following the date of repayment.
(2) Upon a member's retirement or death, the member shall cease to be a member.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1367 - Credit for Service in Another Retirement System; Withdrawal of Accumulated Contributions; Forfeiture of Service or Monthly Allowance.

38.1367 Credit for service in another retirement system; withdrawal of accumulated contributions; forfeiture of service or monthly allowance.
Sec. 67.
A member who has met the age and service requirements to receive a retirement allowance from this retirement system as provided in section 81 may withdraw all of the accumulated contributions, if any, if the member is entitled to receive credit for all or part of the service in another retirement system. Withdrawal shall result in the forfeiture of prior service and contributory plan membership service credited to the member upon payment of the refund. A member who has met the age and service requirements to receive a monthly allowance under the noncontributory plan, or combination of contributory and noncontributory plan service, by written waiver and withdrawal of the accumulated contributions, if any, may forfeit a monthly allowance if the member is entitled to receive credit for all or part of his or her service in another retirement system. Once a retirant is in receipt of a retirement allowance from this retirement system, it shall not be forfeited.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1368 - Service Credit; Computing Terms of Service.

38.1368 Service credit; computing terms of service.
Sec. 68.
(1) The retirement board shall grant 1 year of service credit to a member who has been employed and remunerated for services performed for not less than 1,020 hours in a school fiscal year. In determining whether a member is entitled to service credit under this subsection, the retirement system shall calculate service credit using the payroll cycle reported to the retirement system by the employer of the member. If a biweekly payroll cycle is reported, the member shall not accrue more than 60 hours in a payroll cycle. If a semimonthly payroll cycle is reported, the member shall not accrue more than 72 hours in a payroll cycle. If a monthly payroll cycle is reported, the member shall not accrue more than 138 hours in a payroll cycle. If a quarterly payroll cycle is used, the member shall not accrue more than 396 hours in a payroll cycle.
(2) A part-time member or a member employed for a fraction of the school fiscal year shall receive service credit for full-time service on the basis of 60 or more hours per biweekly period and proportionate credit for less than 60 hours on the basis of 60 hours for full-time credit in the proportion which the hours employed in the school fiscal year bears to 1,020 hours.
(3) In computing terms of service, a year shall be a legal fiscal year at the time and place where the service was performed. Not more than 1 year's service shall be counted for retirement purposes in any school fiscal year.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 2003, Act 175, Imd. Eff. Aug. 22, 2003
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1369a, 38.1369b - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

38.1369a, 38.1369b Repealed. 1989, Act 194, Eff. Jan. 31, 1991.
Compiler's Notes:
The repealed sections pertained to purchase of service credit.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1369d, 38.1369e - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

38.1369d, 38.1369e Repealed. 1989, Act 194, Eff. Jan. 31, 1991.
Compiler's Notes:
The repealed sections pertained to purchase of service credit.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1369f - Election to Purchase Not More Than 5 Years of Service Credit Less Years of Service Credit Purchased Under Other Provisions; Request; Payment of Actuarial Cost; Prohibited Uses of Service Credit; Refund; Member Ineligible to Initiate Service Credit Purchase.

38.1369f Election to purchase not more than 5 years of service credit less years of service credit purchased under other provisions; request; payment of actuarial cost; prohibited uses of service credit; refund; member ineligible to initiate service credit purchase.
Sec. 69f.
(1) Until September 29, 2017 at 5 p.m. Eastern Daylight Saving Time, a member may elect to purchase not more than 5 years of service credit less the number of years of service credit purchased under sections 6(2)(c), (d), (e), and (f), 64(3), (4), and (5), and 69c(2), or former sections 69a, 69b, 69d, 69e, 74a, 74b, 77, and 78, on request and payment to the retirement system of the actuarial cost.
(2) Service credit purchased under this section must not be used to satisfy the minimum of 10 years of service credit required to receive a retirement allowance under this act.
(3) Service credit purchased under this section must not be used to satisfy the service credit requirement set forth in section 81(1)(a) for a retirement allowance paid before age 46 as provided by section 43b(a).
(4) If a member who made payment for service under this section dies and a retirement allowance is not payable, or if the member withdraws from service and a retirement allowance is not payable, the payment made by the member must be refunded to the member or to the member's refund beneficiary upon request.
(5) After September 29, 2017 at 5 p.m. Eastern Daylight Saving Time, a member is not eligible to initiate a service credit purchase under this section.
History:
Add. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 2017, Act 92, Imd. Eff. July 13, 2017
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1369g - Former Employees of Reporting Unit as Public School Employees; Conditions; Remittances Required for Granting of Service Credit; Definitions.

38.1369g Former employees of reporting unit as public school employees; conditions; remittances required for granting of service credit; definitions.
Sec. 69g.
(1) Subject to subsections (2) and (3), a member whose reporting unit service consists of library or museum service and whose employment with that reporting unit is terminated because that reporting unit becomes a participating municipality to a district library agreement, or a former employee of a reporting unit that becomes a participating municipality to a district library agreement who was a member as the result of former employment with that reporting unit, is a public school employee for purposes of this act if both of the following conditions are met:
(a) The person subsequently is employed by the district library established pursuant to that district library agreement.
(b) The district library board of that district library adopts a resolution that provides that the district library will remit to the retirement system the amount, percentages, and contributions described in subsection (2) for that person.
(2) The retirement board shall grant service credit to a member described in subsection (1) only if the district library remits to the retirement system the amount required by section 42, the percentage of aggregate annual compensation determined for current service as required by section 41, and the percentage determined for unfunded accrued service as required by section 41.
(3) The remittances described in subsection (2) are the exclusive obligation of the district library and shall not be a separate obligation by specific reimbursement or otherwise of the state.
(4) As used in this section:
(a) "District library" means a library established pursuant to section 3 of the district library establishment act, Act No. 24 of the Public Acts of 1989, being section 397.173 of the Michigan Compiled Laws.
(b) "District library agreement" means that term as used in the district library establishment act, Act No. 24 of the Public Acts of 1989, being sections 397.171 to 397.196 of the Michigan Compiled Laws.
(c) "District library board" means that term as used in the district library establishment act, Act No. 24 of the Public Acts of 1989.
(d) "Participating municipalities" means that term as used in the district library establishment act, Act No. 24 of the Public Acts of 1989.
History:
Add. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1372 - Repealed. 1989, Act 194, Imd. Eff. Aug. 25, 1989.

38.1372 Repealed. 1989, Act 194, Imd. Eff. Aug. 25, 1989.
Compiler's Notes:
The repealed section pertained to return to service on termination of statutory period for payment of duty disability retirement allowance.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1373 - Resumption of Employment Following Honorable Discharge or Release From Active Duty With Armed Forces; Service Credit; Limitation; Accumulation of Contributions to Reserve for Employee Contributions at Regular Interest.

38.1373 Resumption of employment following honorable discharge or release from active duty with armed forces; service credit; limitation; accumulation of contributions to reserve for employee contributions at regular interest.
Sec. 73.
A member of this retirement system who enters active duty with the armed forces and within 24 months after the date of the member's honorable discharge or release from active duty from the armed forces resumes employment as a public school employee under this act, former Act No. 136 of the Public Acts of 1945, former Act No. 56 of the Public Acts of 1941, or former Act No. 184 of the Public Acts of 1937, shall receive not more than 6 years of service credit, except required service extending beyond 6 years, for time spent in the armed forces credited to the member as a member of the retirement system. Credit also shall be given to a member who meets the requirements of this section for active duty service which the member rendered before becoming a member, if the member pays to the retirement system an amount determined pursuant to section 74 for the years of service rendered before becoming a member which are to be credited. The total service credited under this section shall not exceed 6 years. Service shall not be credited if it is or would be credited under any other federal, state, or local publicly supported retirement system, but this restriction shall not apply to a person who has acquired or will acquire retirement eligibility under the federal government for services in the reserve. During the period of the service of a member, contributions to the reserve for employee contributions standing to the member's credit as of the last payroll date preceding military service shall be accumulated at regular interest.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1374 - Service Credit for Member Not Meeting Requirements of MCL 38.1373; Election; Computation of Payment; Restriction; Condition.

38.1374 Service credit for member not meeting requirements of MCL 38.1373; election; computation of payment; restriction; condition.
Sec. 74.
(1) A member of this retirement system after May 31, 1976, who does not meet the requirements of section 73, and who enters active duty with the armed forces, may elect to receive service credit for not more than 5 years of active duty upon request and payment to the retirement system of an amount equal to 5% of the member's full-time or equated full-time compensation earned in the school fiscal year immediately before the school fiscal year in which payment is made multiplied by the years of service that the member elects to purchase up to the maximum.
(2) For the purposes of computing payment under this section, the compensation amount used shall not be less than the highest school fiscal year compensation previously earned by a member. If the compensation amount used for computing payment under this section exceeds the member's final average compensation determined at the time of retirement, the payment required under this section shall be recomputed using the member's final average compensation and a refund shall be made based upon the recomputation.
(3) Service shall not be credited if it is or would be credited under any other federal, state, or local publicly supported retirement system, but this restriction shall not apply to a person who has acquired or will acquire retirement eligibility under the federal government for service in the reserve.
(4) Service shall not be credited under this section until the member has accumulated 10 years of full-time or equated full-time service credit performed under this act or former acts.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1374a, 38.1374b - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

38.1374a, 38.1374b Repealed. 1989, Act 194, Eff. Jan. 31, 1991.
Compiler's Notes:
The repealed sections pertained to purchase of service credit.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1376 - Partial Purchase of Service Credit.

38.1376 Partial purchase of service credit.
Sec. 76.
On and after the effective date of this section, a member who is otherwise entitled to purchase service credit for active duty in the armed forces under section 73 or 74, or for maternity or paternity or child rearing under section 75, may purchase such service credit in separate increments equal to 1 or more full years, or a remaining fraction of a year, if any, or both. Partial purchase of service credit under this section shall not bar future such purchases otherwise in compliance with this section and sections 73, 74, and 75, but computation of the amount of payment due shall be made separately for each purchase.
History:
Add. 1985, Act 91, Imd. Eff. July 10, 1985
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1377, 38.1378 - Repealed. 1989, Act 194, Eff. Jan. 31, 1991.

38.1377, 38.1378 Repealed. 1989, Act 194, Eff. Jan. 31, 1991.
Compiler's Notes:
The repealed sections pertained to purchase of service credit.
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1379 - Actuarial Cost; Recomputation.

38.1379 Actuarial cost; recomputation.
Sec. 79.
(1) Actuarial cost shall be equal to the product of subdivisions (a), (b), and (c):
(a) A percentage, determined by the retirement board and the department, which when multiplied by a member's compensation, as determined under subdivision (b), 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 age, credited service, or benefit coverage. An increase or decrease in the percentage under this subdivision shall not become effective before the expiration of 6 months or more after the retirement board notifies the reporting units of the increase or decrease.
(b) A member's compensation. The member's compensation shall be the member's full-time or equated full-time compensation earned in the school fiscal year immediately before the school fiscal year in which the application to purchase and payment for the service are made. The compensation amount used shall not be less than the highest compensation previously earned by the member.
(c) The number of years, including any fraction of a year, of credited service a member elects to purchase up to the maximum allowed.
(2) If the compensation amount used for computing payment under this section exceeds the member's final average compensation determined at the time of retirement, the payment required under this section shall be recomputed using the member's final average compensation and a refund shall be made based upon the recomputation.
History:
Add. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1379a - Recomputation of Payment for Purchase of Service; Refund.

38.1379a Recomputation of payment for purchase of service; refund.
Sec. 79a.
(1) Subject to subsection (2), if the compensation amount used for computing payment for a purchase of service credit under section 64, 69, 69c, 69d, 69e, 71, 74, 74a, 74b, 75, 77, or 78 before the effective date of the amendatory act that added this section exceeded the full-time or equated full-time compensation earned in the school fiscal year used in that computation, the payment for that purchase shall be recomputed using the greater of either the full-time or equated full-time compensation amount earned for the school fiscal year in which payment was made, or the highest school fiscal year compensation previously earned by the member. A refund shall be made based upon the recomputation.
(2) A refund pursuant to this section shall be made only to a member, deferred member, or retirant who makes written application to the retirement board in a form determined by the board.
History:
Add. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 4 - (38.1360...38.1379b) › Section 38.1379b - "Initiate a Service Credit Purchase" Defined.

38.1379b "Initiate a service credit purchase" defined.
Sec. 79b.
As used in this article, "initiate a service credit purchase" means to complete payment or to enter into a tax-deferred payment arrangement in a form and manner prescribed by the retirement system.
History:
Add. 2017, Act 92, Imd. Eff. July 13, 2017
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 5 - (38.1381...38.1393) › Section 38.1381 - Retirement Allowance Under MCL 38.1384; Application; Eligibility Requirements.

38.1381 Retirement allowance under MCL 38.1384; application; eligibility requirements.
Sec. 81.
(1) Except as provided in section 81c, a member who no longer is working as a public school employee or in any other capacity for which service credit performed in this state is allowed under this act, upon the member's written application to the retirement system, shall be entitled to a retirement allowance provided for in section 84 if 1 of the following applies:
(a) The member is 55 years of age or older and has 30 or more years of credited service as provided under this act of which at least 15 years were served as a public school employee.
(b) The member is 60 years of age or older and has accumulated 10 or more years of credited service as a public school employee.
(c) The member is 55 years of age or older and has 15 or more years of credited service, but less than 30 years of credited service of which the last 5 consecutive years are immediately preceding the member's retirement allowance effective date.
(2) Except as provided in section 81c, for a member who contributes to the member investment plan, the eligibility requirements of subsection (1) shall be modified as provided in section 43b.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 2010, Act 75, Imd. Eff. May 19, 2010
Compiler's Notes:
Enacting section 1 of Act 75 of 2010 provides:"Enacting section 1. 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."
Popular Name:
Act 300
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 300 of 1980 - The Public School Employees Retirement Act of 1979 (38.1301 - 38.1467) › Article 5 - (38.1381...38.1393) › Section 38.1381a - Retirement Allowance Computed According to MCL 38.1384(1); Reduction Inapplicable; Definitions.

38.1381a Retirement allowance computed according to MCL 38.1384(1); reduction inapplicable; definitions.
Sec. 81a.
(1) Notwithstanding section 81, a member may retire with a retirement allowance computed according to section 84(1) if all of the following apply:
(a) The member files a written application with the retirement board within the early retirement effective period requesting a retirement allowance effective date that is on or before July 1, 1989.
(b) On the last day of the month immediately preceding the retirement allowance effective date stated in the application or the last day of the early retirement effective period, whichever occurs earlier, the member's combined age and length of credited service is equal to or greater than 80 years and the member has 10 or more years of credited service.
(c) The member was working as a public school employee immediately preceding the retirement allowance effective date.
(2) The reduction provided for in section 84(2) shall not apply to a person who retires pursuant to this section.
(3) For purposes of this section, "early retirement effective period" means the period beginning on January 1, 1986 and ending at midnight on January 1, 1989.
History:
Add. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1986, Act 123, Imd. Eff. June 2, 1986 ;-- Am. 1988, Act 212, Imd. Eff. June 30, 1988 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989
Popular Name:
Act 300