reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1634 - Leaving Service or Reducing Hours of Employment for Purposes of Maternity or Paternity or Child Rearing; Purchase of Service Credit; Eligibility Exception.

38.1634 Leaving service or reducing hours of employment for purposes of maternity or paternity or child rearing; purchase of service credit; eligibility exception.
Sec. 34.
(1) Except as otherwise provided in this section, a member who left or leaves service as an employee of the department of state police for purposes of maternity or paternity or child rearing, and returns to service as an employee of the department of state police, without other intervening employment of more than 20 hours per week for each week for which service credit is claimed, may purchase service credit for the time period or periods during which the individual was separated from service as an employee of the department of state police on request and payment to the board of an amount determined by the board to be the actuarial cost. The total service credited under this section must not exceed 2 years. A member requesting purchase of service credit under this section shall certify to the board the purpose for which the member took leave and was separated from service as an employee of the department of state police.
(2) Service credit purchased under this section may not be used to satisfy the minimum of 10 years of service credit required to receive a retirement allowance under this act.
(3) If a member who made payment under this section dies and a retirement allowance beneficiary has not been designated, or if the member leaves employment before his or her retirement becomes effective, the payment made by the member must be refunded on request to the member or to the member's legal representative.
(4) Except as otherwise provided in this section, a member who reduces hours of employment with the department of state police for purposes of maternity, paternity, or child rearing may purchase service credit for those hours by which employment was reduced if all other requirements of this section are met.
(5) A member who first became a member on or after June 10, 2012 is not eligible to purchase service under this section.
History:
1986, Act 182, Eff. Oct. 1, 1986 ;-- Am. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1635 - Partial Purchase of Service Credit.

38.1635 Partial purchase of service credit.
Sec. 35.
A member who is otherwise entitled to purchase service credit for active duty in the armed forces under section 32 for service in the Peace Corps or VISTA under section 33, or for maternity or paternity or child rearing under section 34, 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 32, 33, and 34, but computation of the amount of payment due shall be made separately for each purchase.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1636 - Reinstatement of Disability Retirant.

38.1636 Reinstatement of disability retirant.
Sec. 36.
A person who retires under section 26 due to a duty incurred disability and who has been or is reinstated in active service shall again become a member of the retirement system from the date of the reinstatement. Upon reinstatement of the disability retirant to active service, any balance the retirant may have in the reserve for retired benefit payments at the time of reinstatement to active service shall be transferred from that reserve to the reserve for employee contributions and credited to his or her individual account in that reserve. Any service, on the basis of which his or her retirement allowance was computed at the time of retirement, shall be restored to full force and effect, and he or she shall be given service credit for the period of time he or she was out of service due to the disability.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1637 - Supplement to Retirement Allowance Under Former MCL 28.107(5).

38.1637 Supplement to retirement allowance under former MCL 28.107(5).
Sec. 37.
The supplement to the retirement allowance payable under section 7(5) of former Act No. 251 of the Public Acts of 1935, described as follows, is retained:
Effective Date of Retirement
Percent of Increase
July 1, 1972 to June 30, 1973
2
July 1, 1971 to June 30, 1972
4
July 1, 1970 to June 30, 1971
6
July 1, 1969 to June 30, 1970
8
July 1, 1968 to June 30, 1969
10
July 1, 1967 to June 30, 1968
12
July 1, 1966 to June 30, 1967
14
July 1, 1965 to June 30, 1966
16
July 1, 1964 to June 30, 1965
18
July 1, 1963 to June 30, 1964
20
July 1, 1962 to June 30, 1963
22
July 1, 1961 to June 30, 1962
24
July 1, 1960 to June 30, 1961
26
July 1, 1959 to June 30, 1960
28
Any time before July 1, 1959
30
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1638 - Supplement to Retirement Allowance Under Former MCL 28.108c.

38.1638 Supplement to retirement allowance under former MCL 28.108c.
Sec. 38.
The supplement to the retirement allowance payable under section 8c of former Act No. 251 of the Public Acts of 1935, described as follows, is retained:
Effective Date of Retirement
Percent Supplemented
10-1-76
10-1-77
July 1, 1975 to June 30, 1976
1
1
July 1, 1974 to June 30, 1975
2
2
July 1, 1973 to June 30, 1974
3
3
July 1, 1972 to June 30, 1973
4
4
July 1, 1971 to June 30, 1972
5
5
July 1, 1970 to June 30, 1971
6
6
July 1, 1969 to June 30, 1970
7
7
July 1, 1968 to June 30, 1969
8
8
Before July 1, 1968
8
8
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1639 - Supplement to Retirement Allowance on or After October 1, 1986.

38.1639 Supplement to retirement allowance on or after October 1, 1986.
Sec. 39.
On or after October 1, 1986, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary who was on the rolls as such for September, 1984 is supplemented as follows:
Effective Date of Retirement
Percent of Increase
October 1, 1983 to September 30, 1984
2
October 1, 1982 to September 30, 1983
4
October 1, 1981 to September 30, 1982
6
October 1, 1980 to September 30, 1981
8
October 1, 1979 to September 30, 1980
10
October 1, 1978 to September 30, 1979
12
October 1, 1977 to September 30, 1978
14
October 1, 1976 to September 30, 1977
16
October 1, 1975 to September 30, 1976
18
October 1, 1974 to September 30, 1975
20
October 1, 1973 to September 30, 1974
22
October 1, 1972 to September 30, 1973
24
October 1, 1971 to September 30, 1972
26
October 1, 1970 to September 30, 1971
28
Before October 1, 1970
30
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1639a - Monthly Retirement Allowance of Retirant or Beneficiary of Deceased Retirant; Increase in Payments; Requirements; Basis for Calculations of Future Adjustments.

38.1639a Monthly retirement allowance of retirant or beneficiary of deceased retirant; increase in payments; requirements; basis for calculations of future adjustments.
Sec. 39a.
(1) Effective October 1, 1996, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary of a deceased retirant or member who meets the requirements of this section is increased 10%. This section only applies to a retirant or retirement allowance beneficiary of a deceased retirant or member who meets all of the following requirements:
(a) The retirant's or deceased retirant's effective date of retirement was before October 1, 1986 or the retirement allowance effective date for the retirement allowance beneficiary of the deceased member was before October 1, 1986.
(b) The retirant or deceased retirant retired after 25 years of service or because of duty-incurred total disability under section 5 of former Act No. 251 of the Public Acts of 1935 or the retirement allowance beneficiary of a deceased member is receiving duty death benefits under section 8 or former Act No. 251 of the Public Acts of 1935.
(c) The retirant or retirement allowance beneficiary was in payment status on the rolls of the retirement system on October 1, 1995.
(2) The increased retirement allowance under this section shall be the basis upon which future adjustments to the retirement allowance, including the increases under sections 40 and 40a, if applicable, are calculated.
History:
Add. 1996, Act 201, Imd. Eff. May 17, 1996
Compiler's Notes:
In subsection (1)(b), the phrase “under section 8 or former Act No. 251 of the Public Acts of 1935” evidently should read “under section 8 of former Act No. 251 of the Public Acts of 1935.”
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1640 - Total Retirement Allowance of Retirant or Beneficiary of Deceased Retirant; Increase; Basis for Calculations of Future Adjustments.

38.1640 Total retirement allowance of retirant or beneficiary of deceased retirant; increase; basis for calculations of future adjustments.
Sec. 40.
(1) Effective October 1, 1986, after the retirant and retirement allowance beneficiary monthly allowance recomputation as determined in section 39 has been determined, a retirant or retirement allowance beneficiary of a deceased retirant shall receive a total retirement allowance of not less than $6,000.00 per annum. This subsection does not apply to a retirant or retirement allowance beneficiary of a deceased retirant who is eligible for an increased retirement allowance under subsection (2).
(2) Effective October 1, 1996, after the retirant's or retirement allowance beneficiary's retirement allowance is increased under section 39a, if applicable, a retirant or retirement allowance beneficiary of a deceased retirant who meets the requirements of this subsection shall receive a total retirement allowance of not less than $10,800.00 per annum. This subsection only applies to a retirant or retirement allowance beneficiary of a deceased retirant, which retirant or deceased retirant retired after 25 years of service or because of duty-incurred total disability under section 5 of former Act No. 251 of the Public Acts of 1935, with a retirement allowance payable under section 24, or with a duty-incurred disability retirement allowance payable under section 26.
(3) The increased retirement allowance under this section shall be the basis upon which future adjustments to the retirement allowance, including the increase under section 40a, if applicable, are calculated.
History:
1986, Act 182, Eff. Oct. 1, 1986 ;-- Am. 1996, Act 201, Imd. Eff. May 17, 1996
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1640a - Retirement Allowance of Retirant or Retirement Allowance Beneficiary; Increase; Amount; Limitation.

38.1640a Retirement allowance of retirant or retirement allowance beneficiary; increase; amount; limitation.
Sec. 40a.
(1) Effective October 1, 1996, after the retirant's or retirement allowance beneficiary's retirement allowance is increased under section 39a or 40, as applicable, a retirant or a retirement allowance beneficiary is entitled to have his or her retirement allowance increased as provided in this section. The retirement allowance of a retirant or retirement allowance beneficiary shall be increased each October 1, beginning with the later of October 1, 1995 or the first October 1 that is at least 12 months after the retirement allowance effective date.
(2) The amount of the annual increase under this section shall be 2% of the retirement allowance that would be payable without application of this section. The annual increase under this section shall not exceed $500.00.
History:
Add. 1992, Act 139, Imd. Eff. July 15, 1992 ;-- Am. 1996, Act 201, Imd. Eff. May 17, 1996
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1640b - Recalculation of Retirement Allowance.

38.1640b Recalculation of retirement allowance.
Sec. 40b.
The retirement system shall recalculate each retirant's or beneficiary's retirement allowance who retired under section 26 based upon the definition of last 2 years of service added under section 3(10) by the amendatory act that added this section. If the recalculation results in an increased retirement allowance, the retirant or beneficiary is eligible to receive the recalculated retirement allowance beginning the first day of the month following the month that this section takes effect.
History:
Add. 2000, Act 374, Imd. Eff. Jan. 2, 2001
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1640c - Supplemental Benefit; Conditions.

38.1640c Supplemental benefit; conditions.
Sec. 40c.
(1) Beginning October 1, 2015, and subject to an annual appropriation, if the annual retirement allowance payable to a retirant or a retirement allowance beneficiary of a deceased retirant or member is less than $16,000.00 in the preceding fiscal year, the retirement system shall pay the retirant or retirement allowance beneficiary a supplemental benefit in the amount sufficient to produce an annual retirement allowance of $16,000.00 for the current fiscal year. This section only applies to a retirant or retirement allowance beneficiary of a deceased retirant or member who meets both of the following requirements:
(a) The retirant's or deceased retirant's effective date of retirement was before October 1, 1986 or the retirement allowance effective date for the retirement allowance beneficiary of the deceased member was before October 1, 1986.
(b) The retirant or retirement allowance beneficiary was in payment status on the rolls of the retirement system on or before the effective date of the amendatory act that added this section.
(2) The payment of the supplemental benefit provided in subsection (1) must be made on a schedule and in a manner determined by the office of retirement services.
History:
Add. 2015, Act 168, Imd. Eff. Nov. 3, 2015
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1641 - Retirement Allowance Increases for Command Officers; Effect on Salary Adjustments.

38.1641 Retirement allowance increases for command officers; effect on salary adjustments.
Sec. 41.
The retirement allowance increases being given to command officers under this act shall be considered by the coordinated compensation panel of the civil service commission when determining salary adjustments for command officers for the fiscal year ending September 30, 1987.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1641a - Retirant Participating and Accruing Leave Time in Bank Time Hours Program Established December 22, 1957 to July 13, 1963; Supplement.

38.1641a Retirant participating and accruing leave time in bank time hours program established December 22, 1957 to July 13, 1963; supplement.
Sec. 41a.
(1) On or after January 1, 2007, the monthly retirement allowance payable to a retirant who participated and accrued leave time in the bank time hours program established by the civil service system and operating from December 22, 1957 to July 13, 1963 when the retirant was a member is supplemented by an increase calculated under subsection (3).
(2) On or after January 1, 2007, the retirement allowance beneficiary of a deceased retirant who would have been eligible for an increased retirement allowance under subsection (1) shall have his or her retirement allowance supplemented by an increase calculated under subsection (3).
(3) A retirant or the retirement allowance beneficiary of a deceased retirant who accrued no less than 5,276 bank time hours shall have his or her annual retirement allowance supplemented by an increase of 17%. A retirant or the retirement allowance beneficiary of a deceased retirant who has accrued fewer than 5,276 bank time hours shall have his or her retirement allowance supplemented by an increase of a percentage determined by multiplying 17% by a fraction, the numerator of which is the number of bank time hours accrued by the retirant or deceased retirant and the denominator of which is 5,276. If this calculation results in a retirement allowance supplement of less than $600.00 annually, then the supplement received by the retirant or retirement allowance beneficiary entitled to a supplement under this section shall be $600.00 annually.
(4) The increase in retirement allowance under this section shall be included in the basis upon which future adjustments to the retirement allowance are calculated.
History:
Add. 2006, Act 606, Imd. Eff. Jan. 3, 2007
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1642a - Elimination of Health Insurance Coverage Premium for Certain Members; Contributions Into Tier 2 Account; Credit to Health Reimbursement Account.

38.1642a Elimination of health insurance coverage premium for certain members; contributions into Tier 2 account; credit to health reimbursement account.
Sec. 42a.
(1) A member who first becomes a member on or after June 10, 2012 must not receive any health insurance coverage premium from the retirement system under section 42. In lieu of any health insurance coverage premium that might have been paid by the retirement system under section 42, a member's employer shall make a matching contribution up to 2% of the member's compensation to the Tier 2 plan for each member who first becomes a member on or after June 10, 2012. A matching contribution under this subsection must not be used as the basis for a loan from an employee's Tier 2 account.
(2) A member who first becomes a member on or after June 10, 2012 may make a contribution up to 2% of the member's compensation to a Tier 2 account. A member described in this subsection may make additional contributions to his or her Tier 2 account as permitted by the department and the internal revenue code.
(3) Except as otherwise provided in this subsection, a member is vested in employer contributions made to his or her Tier 2 account under subsections (1) and (2) according to the vesting provisions under section 42b(2). A member who is eligible for health insurance coverage under section 42 or as a result of benefits provided under sections 25 to 28 is not vested in any employer contributions under subsection (1) and forfeits the contributions and earnings on the contributions.
(4) The contributions described in this section must begin with the first payday after the member is employed and end on his or her termination of employment.
(5) An individual who was a former member on June 9, 2012 and who is reemployed by the department of state police and who subscribes to the constitutional oath of office after June 10, 2012 is treated in a manner as determined by the retirement system in consultation with the office of state employer.
(6) In lieu of any other health insurance coverage that might have been paid by the retirement system, a $2,000.00 credit to a health reimbursement account within the trust created under the public employee retirement health care funding act, 2010 PA 77, MCL 38.2731 to 38.2747, must be made by the employer for a member who first becomes a member on or after June 10, 2012 who has at least 10 years of service at his or her first termination of employment.
(7) The retirement system shall determine a method to implement subsections (5) and (6), including a method for crediting the amounts in subsection (6) to comply with any agreements between the office of state employer and members, and the internal revenue code, as applicable.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1642b - Qualified Participant; Tier 1 and Tier 2 Vesting Schedule.

38.1642b Qualified participant; Tier 1 and Tier 2 vesting schedule.
Sec. 42b.
(1) A qualified participant is immediately 100% vested in his or her contributions made to Tier 2.
(2) A qualified participant who is a member of Tier 1 vests in the employer contributions made on his or her behalf to Tier 2 according to the following schedule:
(a) On completion of 2 years of service, 50%.
(b) On completion of 3 years of service, 75%.
(c) On completion of 4 years of service, 100%.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1643 - Right of Member, Retirant, or Beneficiary to Retirement Allowance or Other Benefit.

38.1643 Right of member, retirant, or beneficiary to retirement allowance or other benefit.
Sec. 43.
The right of a member, retirant, or beneficiary to a retirement allowance, deferred retirement allowance, accumulated contributions, or other benefit under this act is subject to the public employee retirement benefit protection act, 2002 PA 100, MCL 38.1681 to 38.1689.
History:
1986, Act 182, Eff. Oct. 1, 1986 ;-- Am. 1991, Act 53, Imd. Eff. June 27, 1991 ;-- Am. 2002, Act 96, Imd. Eff. Mar. 27, 2002 ;-- Am. 2004, Act 50, Eff. Apr. 22, 2004
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1644 - Transfer of Records, Personnel, Property, or Funds to Retirement System.

38.1644 Transfer of records, personnel, property, or funds to retirement system.
Sec. 44.
Effective January 1, 1987, all records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the Michigan state police, pension, accident and disability fund created by former Act No. 251 of the Public Acts of 1935, are hereby transferred to the Michigan state police retirement system created by this act.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1645 - General Administration, Management, and Responsibility for Operation of Retirement System.

38.1645 General administration, management, and responsibility for operation of retirement system.
Sec. 45.
Through December 31, 1986, the general administration, management, and responsibility for the operation of the retirement system created by this act shall continue to be the responsibility of the director of the department of state police under the supervision of the state administrative board, as provided by section 2 of former Act No. 251 of the Public Acts of 1935.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1646 - Savings Clause.

38.1646 Savings clause.
Sec. 46.
All proceedings pending and all rights and liabilities existing, acquired, or incurred under former Act No. 251 of the Public Acts of 1935 at the time this act takes effect are saved. Those proceedings shall be consummated pursuant to the law in effect when the proceedings were commenced. Those rights and liabilities shall be preserved pursuant to the law in effect on the day immediately preceding the effective date of this act. To the extent that either the kinds of benefits available under former Act No. 251 of the Public Acts of 1935 are in effect on the day immediately preceding the effective date of this act or the manner of calculating those benefits under former Act No. 251 of the Public Acts of 1935 results in a greater benefit of any kind than would otherwise be available under this act or includes a benefit not otherwise available under this act, the determinations of those kinds of benefits available and the manner of calculating those benefits shall be made pursuant to former Act No. 251 of the Public Acts of 1935 for those members who participated in the retirement system as set forth in former Act No. 251 of the Public Acts of 1935 before the effective date of this act.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1647 - Repeal of MCL 28.101 to 28.110.

38.1647 Repeal of MCL 28.101 to 28.110.
Sec. 47.
Act No. 251 of the Public Acts of 1935, being sections 28.101 to 28.110 of the Michigan Compiled Laws, is repealed.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1648 - Effective Date; Exceptions.

38.1648 Effective date; exceptions.
Sec. 48.
Except as provided in sections 6 and 44, this act shall take effect October 1, 1986.
History:
1986, Act 182, Eff. Oct. 1, 1986
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1660 - Implementation of Tier 2 Plan.

38.1660 Implementation of Tier 2 plan.
Sec. 60.
Notwithstanding any other provision of this act, the department shall implement the Tier 2 plan as soon as administratively feasible, but not later than September 30, 2019.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1661 - Meanings of Words and Phrases.

38.1661 Meanings of words and phrases.
Sec. 61.
For the purposes of this section and sections 62 to 74, the words and phrases defined in sections 62 to 64 have the meanings ascribed to them in those sections.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1662 - Definitions; a to C.

38.1662 Definitions; A to C.
Sec. 62.
(1) "Accumulated balance" means the total balance in a qualified participant's, former qualified participant's, or refund beneficiary's individual account in Tier 2.
(2) "Compensation" means the remuneration paid to a participant on account of the participant's services rendered to his or her employer equal to the sum of the following:
(a) A participant's W-2 earnings for services performed for the employer.
(b) Any amount contributed or deferred at the election of the participant that is excluded from gross income under section 125, 132(f)(4), 401(k), 403(b), or 457 of the internal revenue code, 26 USC 125, 132, 401, 403, and 457.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1663 - Definitions; E to F.

38.1663 Definitions; E to F.
Sec. 63.
(1) "Employer" means this state.
(2) "Former qualified participant" means an individual who was a qualified participant and who terminates the employment on which his or her participation is based for any reason.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1664 - Definitions; P to R.

38.1664 Definitions; P to R.
Sec. 64.
(1) "Plan document" means the document that contains the provisions and procedures of Tier 2 in conformity with this act and the internal revenue code.
(2) "Refund beneficiary" means an individual nominated by a qualified participant or a former qualified participant under section 72 to receive a distribution of the participant's accumulated balance in the manner prescribed in section 73.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1665 - Administration of Tier 2 Plan; Department as Fiduciary and Trustee; Plan Document; Employ or Contract Personnel.

38.1665 Administration of Tier 2 plan; department as fiduciary and trustee; plan document; employ or contract personnel.
Sec. 65.
(1) The department shall administer Tier 2 and shall be the fiduciary and trustee of Tier 2. The department may appoint an advisory board to assist the department in carrying out its duties as fiduciary and trustee. The department and the state treasurer shall comply with Executive Reorganization Order No. 1999-5, MCL 38.2721, in the administration of Tier 2.
(2) The department shall determine the provisions and procedures of Tier 2 and the plan document in conformity with this act and the internal revenue code.
(3) The department has the exclusive authority and responsibility to employ or contract with personnel and for services that the department determines necessary for the proper administration of and investment of assets of Tier 2, including, but not limited to, managerial, professional, legal, clerical, technical, and administrative personnel or services.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1666 - Claim of Rights Under Tier 2; Hearing; Application of Administrative Procedures Act to Tier 2.

38.1666 Claim of rights under Tier 2; hearing; application of administrative procedures act to Tier 2.
Sec. 66.
(1) A qualified participant, former qualified participant, or refund beneficiary may request a hearing on a claim involving his or her rights under Tier 2. On written request, the department shall provide for a hearing that must be conducted under chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. An individual may be represented by counsel or other authorized agent at a hearing conducted under this section.
(2) Chapters 2, 3, and 5 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.224 to 24.266 and 24.291 to 24.292, do not apply to the establishment, implementation, administration, operation, investment, or distribution of Tier 2.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1667 - Investment Options Under Tier 2 Plan; Limitations Do Not Apply.

38.1667 Investment options under Tier 2 plan; limitations do not apply.
Sec. 67.
Each qualified participant, former qualified participant, and refund beneficiary shall direct the investment of the individual's accumulated employer and employee contributions and earnings to 1 or more investment choices within available categories of investment provided by the department. The limitations on the percentage of total assets for investments provided in the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1141, do not apply to Tier 2.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1668 - Payment of Administrative Expenses of Tier 2 Plan.

38.1668 Payment of administrative expenses of Tier 2 plan.
Sec. 68.
The administrative expenses of Tier 2 must be paid by the qualified participants, former qualified participants, and refund beneficiaries who have not closed their accounts in a manner determined by the department.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1669 - Participation in Other Public Sector Retirement Benefits Plan Prohibited; Exception.

38.1669 Participation in other public sector retirement benefits plan prohibited; exception.
Sec. 69.
A qualified participant shall not participate in any other public sector retirement benefits plan for simultaneous service rendered to the same public sector employer. Except as otherwise provided in this act or by the department, this section does not prohibit a qualified participant from participating in a retirement plan established by this state or other public sector employer under the internal revenue code. For the purposes of this section, "public sector employer" includes, but is not limited to, a reporting unit.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1670 - Tier 2 Vesting and Contribution Requirements.

38.1670 Tier 2 vesting and contribution requirements.
Sec. 70.
(1) This section is subject to the vesting requirements of section 42b.
(2) Unless the qualified participant affirmatively elects not to contribute or elects to contribute a lesser amount, the qualified participant shall contribute 2% of his or her compensation to his or her Tier 2 account. The qualified participant's employer shall make a contribution to the qualified participant's Tier 2 account in an amount equal to 50% of the first 2% of compensation contribution made by the qualified participant under this subsection.
(3) A qualified participant may make contributions in addition to contributions made under subsection (2) to his or her Tier 2 account as permitted by the department and the internal revenue code.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1672 - Nomination of Refund Beneficiary; Requirements.

38.1672 Nomination of refund beneficiary; requirements.
Sec. 72.
A qualified participant or former qualified participant may nominate 1 or more individuals as a refund beneficiary by filing written notice of nomination with the department. If the qualified participant or former qualified participant is married at the time of the nomination and the participant's spouse is not the refund beneficiary for 100% of the account, the nomination is not effective unless the nomination is signed by the participant's spouse if the signature of the participant's spouse is required by the plan document. However, the department may waive this requirement if the spouse's signature cannot be obtained because of extenuating circumstances.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1673 - Distribution of Accumulated Balance in Tier 2; Death of Participant; Optional Methods of Distribution.

38.1673 Distribution of accumulated balance in Tier 2; death of participant; optional methods of distribution.
Sec. 73.
(1) A qualified participant is eligible to receive distribution of his or her accumulated balance in Tier 2 upon becoming a former qualified participant.
(2) Upon the death of a qualified participant or former qualified participant, the accumulated balance of that deceased participant is considered to belong to the refund beneficiary, if any, of that deceased participant. If a valid nomination of refund beneficiary is not on file with the department, the department, in a lump sum distribution, shall distribute the accumulated balance in accordance with the plan document.
(3) A former qualified participant or refund beneficiary may elect 1 or a combination of several of the following methods of distribution of the accumulated balance:
(a) A lump sum distribution to the recipient.
(b) A lump sum direct rollover to another qualified plan, to the extent allowed by federal law.
(c) Periodic distributions, as authorized by the department.
(d) No current distribution, in which case the accumulated balance shall remain in Tier 2 until the former qualified participant or refund beneficiary elects a method or methods of distribution under subdivisions (a) to (c), to the extent allowed by federal law.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 182 of 1986 - State Police Retirement Act of 1986 (38.1601 - 38.1674) › Section 38.1674 - Right of Setoff; Overpayments; Embezzlement or Fraud; Correction of Errors.

38.1674 Right of setoff; overpayments; embezzlement or fraud; correction of errors.
Sec. 74.
(1) The department has the right of setoff to recover overpayments made under this act and to satisfy any claims arising from embezzlement or fraud committed by a qualified participant, former qualified participant, refund beneficiary, or other person who has a claim to a distribution or any other benefit from Tier 2.
(2) The department shall correct errors in the records and actions in Tier 2 under this act, and shall seek to recover overpayments and shall make up underpayments.
History:
Add. 2018, Act 674, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1681 - Short Title.

38.1681 Short title.
Sec. 1.
This act shall be known and may be cited as the "public employee retirement benefit protection act".
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1682 - Definitions.

38.1682 Definitions.
Sec. 2.
As used in this act:
(a) "Department" means the department of technology, management, and budget.
(b) "Employer contributions" means the amount transferred by an employer to a participating unit retirement system on behalf of members of the retirement system to pay for the actuarial accrued liabilities of the retirement system.
(c) "Member" means a member, vested former member, deferred member, beneficiary, designated beneficiary, or refund beneficiary of a retirement system.
(d) "Participating unit" means a retirement system that elects to come under the provisions of section 6.
(e) "Retirant" means a person who has retired with a retirement benefit payable from a retirement system.
(f) "Retirement benefit" means an annuity, a retirement allowance, an optional benefit, a postretirement benefit, a benefit received from a defined contribution plan, defined benefit plan, deferred compensation plan, disability plan, life insurance plan, all money, investments and income of the various funds created under a public employee retirement system, and any other right accruing to a member under a retirement system.
(g) "Retirement system" means a public employee retirement system established by this state or a political subdivision of this state.
(h) "State unit" means a retirement system established under the state employees' retirement act, 1943 PA 204, MCL 38.1 to 38.69, the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, the judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1675, and the Michigan legislative retirement system act, 1957 PA 261, MCL 38.1001 to 38.1080.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002 ;-- Am. 2018, Act 685, Imd. Eff. Dec. 28, 2018
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1683 - Rights Not Subject to Process of Law or Assignment.

38.1683 Rights not subject to process of law or assignment.
Sec. 3.
The right of a member or retirant of a retirement system to a retirement benefit shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law and shall be unassignable.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1684 - Rights Subject to Forfeiture and Domestic Relations Orders.

38.1684 Rights subject to forfeiture and domestic relations orders.
Sec. 4.
(1) The right of a member or retirant to a retirement benefit described in section 3 is subject to forfeiture under the public employee retirement benefits forfeiture act, 1994 PA 350, MCL 38.2701 to 38.2705.
(2) The right of a member or retirant to a retirement benefit described in section 3 is subject to an award by a court under section 18 of 1846 RS 84, MCL 552.18, an eligible domestic relations order under the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711, and to any other domestic relations order of a court pertaining to alimony or child support.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1685 - Award or Order Requiring Withholding Payments; Limitations.

38.1685 Award or order requiring withholding payments; limitations.
Sec. 5.
If an award or order described in section 4 requires a retirement system to withhold payment of a retirement benefit or requires the retirement system to make payment or requires the individual to request that the retirement system make payment of a retirement benefit for the purposes of meeting the member's or retirant's obligations to a spouse, former spouse, or child, the withholding or payment provisions of the award or order are effective only against amounts that become payable to the member or retirant, unless otherwise provided in an eligible domestic relations order under the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711. The 1imitations contained in this section do not apply to the accumulated contributions of a person who terminates employment before acquiring a vested member status.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1686 - Benefit Payments; Establishment of Arrangement and Fund.

38.1686 Benefit payments; establishment of arrangement and fund.
Sec. 6.
(1) A retirement system may elect by a majority vote of its governing body to establish and administer an arrangement and fund to pay accrued benefits of its members to its members to the extent that the accrued benefits paid out of the fund would not otherwise be payable under limitations in section 415 of the internal revenue code. An arrangement and fund established under this section shall be kept separate from the pension assets of participating units.
(2) If an arrangement and fund is established by a retirement system under subsection (1), the arrangement and fund shall be established and administered in accordance with section 415(m) of the internal revenue code. The governing board of the participating unit or the department on behalf of a state unit may establish and adopt policies and procedures for the arrangement and fund.
(3) If an arrangement and fund is established under subsection (1), the benefits that are paid from the fund shall be paid out of employer contributions or other eligible assets. The governing board shall determine the amount of the employer contribution that shall be allocated to the arrangement and fund. Employer contributions and other eligible assets that are contributed to the arrangement and fund shall be deposited in the arrangement and fund before deposits are made to the pension system of the participating unit.
(4) Nothing in this section is intended to limit the amount of employer contributions that are contributed to a retirement fund of a participating unit for the accrued benefits that are allowed to be paid under section 415 of the internal revenue code.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1687 - Retirement System and Benefits Subject to MCL 800.401 to 800.406.

38.1687 Retirement system and benefits subject to MCL 800.401 to 800.406.
Sec. 7.
The retirement system and retirement benefits shall be subject to claims made under the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689) › Section 38.1688 - Loan Eligibility; Correcting Records and Recovering Overpayments.

38.1688 Loan eligibility; correcting records and recovering overpayments.
Sec. 8.
(1) This act is not intended to prohibit a member or retirant from receiving a loan from the retirement system if the retirement system concludes that the member or retirant is otherwise eligible for a loan.
(2) Nothing in this act shall prevent a retirement system administrator from correcting records and seeking to recover overpayments that the retirement system made to a retirant or member.
History:
2002, Act 100, Imd. Eff. Mar. 27, 2002