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 5 - (38.1381...38.1393) › Section 38.1382 - Deferred Vested Service Retirement Allowance; Entitlement; Computation; Application; Forfeiture; Payment of Option to Beneficiary.

38.1382 Deferred vested service retirement allowance; entitlement; computation; application; forfeiture; payment of option to beneficiary.
Sec. 82.
(1) A member who terminates reporting unit service before 60 years of age for a reason other than the member's retirement or death, who does not withdraw accumulated contributions standing to the member's credit in the reserve for employee contributions and the reserve for member investment plan, and who has or maintains in effect 10 or more years of credited service shall be entitled to a deferred vested service retirement allowance computed pursuant to section 84 based upon the last year of credited service of the member's final average compensation period. Upon or after 60 years of age, entitlement of the member's deferred vested service retirement allowance shall begin the first day of the calendar month next following the deferred member's written application filed with the retirement board on forms furnished by the board. The deferred member's entitlement to a deferred vested service retirement allowance based on prior service or contributory membership service, or both, shall be forfeited if the deferred member withdraws from the retirement system the member's accumulated contributions unless the service is reinstated as provided in section 66. A member who meets all of the qualifications of this subsection, has 30 or more years of credited service, and leaves service before the member's fifty-fifth birthday for a reason other than retirement or death shall be entitled to a deferred vested service retirement allowance at 55 years of age.
(2) If a member, before terminating reporting unit services, selects the option provided in section 85(1)(b), but dies before the effective date of the member's deferred vested service retirement allowance, the option provided in section 85(1)(b) and selected by the deferred member shall be paid to the retirement allowance beneficiary, at the time the deceased deferred member would have otherwise been eligible to begin receiving the deferred vested service retirement allowance.
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 5 - (38.1381...38.1393) › Section 38.1383 - Date of Retirement Allowance; Payment on Cessation of Eligibility for Continuation of Benefits.

38.1383 Date of retirement allowance; payment on cessation of eligibility for continuation of benefits.
Sec. 83.
(1) Each retirement allowance shall date from the first of the month following the month in which the applicant satisfies the age and service requirements of this act and terminated reporting unit service, but not more than 12 months before the month in which the application was filed with the retirement system, if the applicant satisfies the legal requirements for the retirement allowance at the time the application is filed.
(2) A full month's retirement allowance shall be payable for the month in which a retirant or retirement allowance beneficiary ceases to be eligible for continuation of benefits. If eligibility ceases because of death, the payment shall be made to the retirement allowance beneficiary, if any, or to the deceased recipient's estate or to the legal representative of the deceased recipient.
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 5 - (38.1381...38.1393) › Section 38.1386 - Disability Allowance; Requirements; Extension of Application Time Limit; Computation; Effective Date.

38.1386 Disability allowance; requirements; extension of application time limit; computation; effective date.
Sec. 86.
(1) A member whom the retirement board finds to have become totally and permanently disabled for purposes of employment by his or her reporting unit by reason of personal injury or mental or physical illness before termination of reporting unit service and employment shall receive a disability allowance if all of the following requirements are met:
(a) The member has not met age and service requirements of section 81(1)(a) or (b) or, if the member first became a member on or after July 1, 2010, the member has not met age and service requirements of section 81c(1).
(b) The member has at least 10 years of credited service in effect before termination of employment.
(c) The member or reporting unit makes written application to the retirement board not more than 12 months after the date the member terminated public school employment.
(d) The person undergoes an examination by 1 or more practicing physicians or medical officers designated by the retirement board who certify to the retirement board that the member is totally and permanently disabled for performing the duties for the member's position or similar position for which the member is qualified by reason of training, experience, or both.
(2) The retirement board may extend the application time limit provided in subsection (1) not more than 24 months for a member or deferred member who satisfies the other requirements of subsection (1), if evidence of extenuating circumstances is presented to the satisfaction of the retirement board.
(3) The member's disability retirement allowance shall be computed pursuant to section 84. The effective date of the disability retirant's allowance shall be determined pursuant to section 83.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- 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 38.1387 - Duty Disability Retirement Allowance; Requirements; Computation; Effective Date; Service Credit; Adjustment.

38.1387 Duty disability retirement allowance; requirements; computation; effective date; service credit; adjustment.
Sec. 87.
(1) A member whom the retirement board finds to have become totally and permanently disabled from any gainful employment by reason of personal injury or mental or physical illness while serving as an employee of that reporting unit shall receive a duty disability retirement allowance if all of the following requirements are met:
(a) The member has not met age and service requirements of section 81(1)(a) or (b) or, if the member first became a member on or after July 1, 2010, the member has not met age and service requirements of section 81c(1).
(b) The member is in receipt of weekly worker's disability compensation on account of employment by a reporting unit.
(c) The member or reporting unit makes written application to the retirement board not more than 12 months after the date the member terminated public school employment.
(d) The member undergoes an examination by 1 or more practicing physicians or medical officers designated by the retirement board who certify to the retirement board that the member is totally and permanently disabled for performing the duties for the member's position for which the member is qualified by reason of training, or experience, or both.
(2) The member's duty disability retirement allowance shall be computed pursuant to section 84. The effective date of the duty disability retirant's allowance shall be the first of the month following the month in which the member terminates employment and is in receipt of weekly worker's disability compensation. The years of service credit used in computing the retirant's duty disability retirement allowance shall not be less than 10 years. If the member has less than 5 consecutive years of credited service, the average of the member's annual compensation shall be used.
(3) Upon recovery and return to reporting unit service or upon termination of the statutory period for the payment of a disability retirant's worker's disability compensation, if any, arising on account of the retirant's reporting unit service, the retirant shall be given service credit for the period and the retirant's disability retirement allowance shall be adjusted to include the additional credit.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- 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 38.1392 - Long-Term Care Insurance; Withholding From Retirement Allowance.

38.1392 Long-term care insurance; withholding from retirement allowance.
Sec. 92.
Beginning on July 1, 2004, upon written application of a retirant, the retirement system shall withhold from the retirant's retirement allowance the entire monthly premium for voluntary long-term care insurance for the retirant, the retirement allowance beneficiary, and health insurance dependents, as that term is defined in section 91, who elect coverage in a long-term care insurance plan that is authorized by the retirement system. If the entire monthly premium for retirants, retirement allowance beneficiaries, and health insurance dependents is greater than the retirement allowance, the retirement system shall withhold the entire retirement allowance and apply it to the premium balance.
History:
Add. 2003, Act 17, Imd. Eff. June 10, 2003
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 38.1392a - Administration of Changes; Appropriation; Work Project; Carrying Forward Unencumbered or Unallotted Funds.

38.1392a Administration of changes; appropriation; work project; carrying forward unencumbered or unallotted funds.
Sec. 92a.
(1) There is appropriated for the fiscal year ending September 30, 2010, $4,500,000.00 to the office of retirement services in the department of technology, management, and budget for administration of the changes under the amendatory act that added this section.
(2) The appropriation authorized in subsection (1) is a work project appropriation and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to administer changes under the amendatory act that added this section.
(b) The work project will be accomplished through a plan utilizing interagency agreements, employees, and contracts.
(c) The total estimated completion cost of the work project is $4,500,000.00.
(d) The estimated completion date for the work project is September 30, 2011.
History:
Add. 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 38.1392b - Appropriation; Purposes; Amount; Completion Date.

38.1392b Appropriation; purposes; amount; completion date.
Sec. 92b.
(1) There is appropriated for the fiscal year ending September 30, 2012, $4,700,000.00 to the office of retirement services in the department of technology, management, and budget for administration of the changes under the amendatory act that added this section.
(2) The appropriation authorized in subsection (1) is a work project appropriation and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to administer changes under the amendatory act that added this section.
(b) The work project will be accomplished through a plan utilizing interagency agreements, employees, and contracts.
(c) The total estimated completion cost of the work project is $4,700,000.00.
(d) The estimated completion date for the work project is September 30, 2013.
History:
Add. 2012, Act 300, Imd. Eff. Sept. 4, 2012
Compiler's Notes:
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 5 - (38.1381...38.1393) › Section 38.1392c - Appropriation.

38.1392c Appropriation.
Sec. 92c.
(1) There is appropriated for the fiscal year ending September 30, 2017, $5,000,000.00 to the office of retirement services in the department for administration of the changes under the amendatory act that added this section.
(2) The appropriation authorized in subsection (1) is a work project appropriation, and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to administer changes under the amendatory act that added this section.
(b) The work project will be accomplished through a plan utilizing interagency agreements, employees, and contracts.
(c) The total estimated completion cost of the work project is $5,000,000.00.
(d) The estimated completion date for the work project is September 30, 2018.
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 6 - (38.1401...38.1412) › Section 38.1401 - Supplemental Pension.

38.1401 Supplemental pension.
Sec. 101.
The supplemental pension paid under section 15a of chapter 1 or section 57 of chapter 2 of former Act No. 136 of the Public Acts of 1945 shall continue to be paid to a retirant or retirement allowance beneficiary. The supplemental benefit, when added to the retirement allowance of the retirant or retirement allowance beneficiary, shall provide before the election of an option or early retirement a minimum retirement allowance of $160.00 for each year of credited service on the date of retirement or death adjusted to the nearest number of even years.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1980, Act 466, Imd. Eff. Jan. 17, 1981 ;-- 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 6 - (38.1401...38.1412) › Section 38.1402 - Percentage Increase to Monthly Retirement Allowance Payable After June 30, 1972; Continuation.

38.1402 Percentage increase to monthly retirement allowance payable after June 30, 1972; continuation.
Sec. 102.
The percentage increase to the monthly retirement allowance payable after June 30, 1972, to a retirant or retirement allowance beneficiary, who was on the rolls for June, 1971, under section 174(1) of former Act No. 258 of the Public Acts of 1972, is continued as follows:
Effective Date of Retirement
Increase
August 1, 1970, to July 1, 1971
1%
August 1, 1969, to July 1, 1970
2%
August 1, 1968, to July 1, 1969
3%
August 1, 1967, to July 1, 1968
4%
August 1, 1966, to July 1, 1967
5%
August 1, 1965, to July 1, 1966
6%
August 1, 1964, to July 1, 1965
7%
August 1, 1963, to July 1, 1964
8%
August 1, 1962, to July 1, 1963
9%
August 1, 1961, to July 1, 1962
10%
August 1, 1960, to July 1, 1961
11%
August 1, 1959, to July 1, 1960
12%
August 1, 1958, to July 1, 1959
13%
August 1, 1957, to July 1, 1958
14%
July 1, 1956, to July 1, 1957
15%
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980
Compiler's Notes:
Act 258 of 1972, referred to in this section, was repealed by Act 101 of 1973, Act 242 of 1974, Act 261 of 1975, Act 258 of 1976, and Act 90 of 1977.
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 6 - (38.1401...38.1412) › Section 38.1403 - Percentage Increase to Monthly Retirement Allowance Payable Under Former Provisions; Continuation.

38.1403 Percentage increase to monthly retirement allowance payable under former provisions; continuation.
Sec. 103.
(1) The percentage increase to the monthly retirement allowance payable to a retirant or retirement allowance beneficiary under section 27d of chapter I or section 25a of chapter II of former Act No. 136 of the Public Acts of 1945, is continued as provided in this section.
(2) After June 30, 1974, the monthly retirement allowance payable to a retirant or retirement allowance beneficiary who was on the rolls for June, 1973, is supplemented as follows:
Effective Date of Retirement
Increase
July 1, 1972, to June 30, 1973
1%
July 1, 1971, to June 30, 1972
2%
July 1, 1970, to June 30, 1971
3%
July 1, 1969, to June 30, 1970
4%
July 1, 1968, to June 30, 1969
5%
July 1, 1967, to June 30, 1968
6%
July 1, 1966, to June 30, 1967
7%
July 1, 1965, to June 30, 1966
8%
July 1, 1964, to June 30, 1965
9%
July 1, 1963, to June 30, 1964
10%
July 1, 1962, to June 30, 1963
11%
July 1, 1961, to June 30, 1962
12%
July 1, 1960, to June 30, 1961
13%
July 1, 1959, to June 30, 1960
14%
July 1, 1958, to June 30, 1959
15%
July 1, 1957, to June 30, 1958
16%
July 1, 1956, to June 30, 1957
17%
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 91, Imd. Eff. July 10, 1985
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 6 - (38.1401...38.1412) › Section 38.1404 - Percentage Increase to Monthly Retirement Allowance Payable Under Additional Former Provisions; Continuation.

38.1404 Percentage increase to monthly retirement allowance payable under additional former provisions; continuation.
Sec. 104.
(1) The percentage increase to the monthly retirement allowance payable to a retirant or retirement allowance beneficiary under either section 27f of chapter I or section 25c of chapter II of former Act No. 136 of the Public Acts of 1945, is continued as provided in this section.
(2) The monthly retirement allowance payable to a retirant or retirement allowance beneficiary after September 30, 1976, who was on the rolls for September 30, 1976, is supplemented as follows:
Supplement for
Effective Date of Retirement
October 1, 1976 and 1977
July 1, 1975, to June 30, 1976
1%
July 1, 1974, to June 30, 1975
2%
July 1, 1973, to June 30, 1974
3%
July 1, 1972, to June 30, 1973
4%
July 1, 1971, to June 30, 1972
5%
July 1, 1970, to June 30, 1971
6%
July 1, 1969, to June 30, 1970
7%
July 1, 1968, to June 30, 1969
8%
Before July 1, 1968
8%
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 91, Imd. Eff. July 10, 1985
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 6 - (38.1401...38.1412) › Section 38.1405 - Violation; Penalty.

38.1405 Violation; penalty.
Sec. 105.
A person who, with intent to deceive, makes a false statement in a report or record required under this retirement system, or who, with intent to deceive, violates this act or a rule promulgated under this act is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $500.00, or both.
History:
1980, Act 300, Imd. Eff. Oct. 31, 1980
Popular Name:
Act 300
Admin Rule:
R 38.1101 et seq. of the Michigan Administrative Code.
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 6 - (38.1401...38.1412) › Section 38.1406 - Saving Clause.

38.1406 Saving clause.
Sec. 106.
All proceedings pending and all rights and liabilities existing, acquired, or incurred under former Act No. 136 of the Public Acts of 1945 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 the applicable chapter of former Act No. 136 of the Public Acts of 1945 as in effect on the day immediately preceding the effective date of this act or the manner of calculating those benefits under former Act No. 136 of the Public Acts of 1945 results in a greater benefit of any kind than would otherwise be available under this act or include 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. 136 of the Public Acts of 1945 for those members who participated in the retirement system as set forth in former Act No. 136 of the Public Acts of 1945 before the effective date of this act.
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 6 - (38.1401...38.1412) › Section 38.1407 - Repeal of MCL 38.201 to 38.366.

38.1407 Repeal of MCL 38.201 to 38.366.
Sec. 107.
Act No. 136 of the Public Acts of 1945, as amended, being sections 38.201 to 38.366 of the Compiled Laws of 1970, is repealed.
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 6 - (38.1401...38.1412) › Section 38.1409-38.1412 - Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997.

38.1409-38.1412 Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997.
Compiler's Notes:
The repealed sections pertained to election to terminate membership in Tier 1 and election to participate in Tier 2.
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 7 - (38.1420...38.1467) › Section 38.1420 - Tier 2 Plan; Implementation.

38.1420 Tier 2 plan; implementation.
Sec. 120.
Notwithstanding any other provision of this act, the Tier 2 plan under this article will be implemented by the department as soon as administratively feasible but not later than January 1, 2011.
History:
Add. 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 7 - (38.1420...38.1467) › Section 38.1421 - Words and Phrases in Sections 122 to 124; Date for Implementation of Tier 2 Plan.

38.1421 Words and phrases in sections 122 to 124; date for implementation of Tier 2 plan.
Sec. 121.
(1) For the purposes of this article, the words and phrases defined in sections 122 to 124 have the meanings ascribed to them in those sections.
(2) Notwithstanding any other provision of this act, the Tier 2 plan under this article shall be implemented by the department as soon as administratively feasible but not later than January 1, 2011.
History:
Add. 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 7 - (38.1420...38.1467) › Section 38.1422 - "Accumulated Balance" and "Compensation" Defined.

38.1422 "Accumulated balance" and "compensation" defined.
Sec. 122.
(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 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 which 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. 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 7 - (38.1420...38.1467) › Section 38.1423 - "Employer" and "Former Qualified Participant" Defined.

38.1423 "Employer" and "former qualified participant" defined.
Sec. 123.
(1) "Employer" means a reporting unit.
(2) "Former qualified participant" means an individual who was a qualified participant and who terminates the employment upon which his or her participation is based for any reason.
History:
Add. 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 7 - (38.1420...38.1467) › Section 38.1425 - Tier 2; Department as Fiduciary and Trustee; Appointment of Advisory Board; Provisions and Procedures; Personnel and Other Services; Adoption and Compliance.

38.1425 Tier 2; department as fiduciary and trustee; appointment of advisory board; provisions and procedures; personnel and other services; adoption and compliance.
Sec. 125.
(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.
(4) Each employer shall be deemed to have adopted and shall comply with the provisions and procedures of Tier 2 and the plan document.
History:
Add. 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 7 - (38.1420...38.1467) › Section 38.1426 - Request for Hearing; Conduct Under Administrative Procedures Act of 1969.

38.1426 Request for hearing; conduct under administrative procedures act of 1969.
Sec. 126.
(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. Upon written request, the department shall provide for a hearing that shall be conducted pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. 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 24.264 and 24.291 to 24.292, do not apply to the establishment, implementation, administration, operation, investment, or distribution of Tier 2.
History:
Add. 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 7 - (38.1420...38.1467) › Section 38.1427 - Investment; Direction by Qualified Participant, Former Qualified Participant, and Refund Beneficiary; Applicability of Limitations; Annuity Options.

38.1427 Investment; direction by qualified participant, former qualified participant, and refund beneficiary; applicability of limitations; annuity options.
Sec. 127.
(1) 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.
(2) In addition to the categories of investment provided by the department under subsection (1), the retirement system shall offer access to 1 or more fixed annuity options and 1 or more variable annuity options.
History:
Add. 2010, Act 75, Imd. Eff. May 19, 2010 ;-- Am. 2017, Act 92, Imd. Eff. July 13, 2017
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 7 - (38.1420...38.1467) › Section 38.1428 - Tier 2; Administrative Expenses.

38.1428 Tier 2; administrative expenses.
Sec. 128.
The administrative expenses of Tier 2 shall 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. 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 7 - (38.1420...38.1467) › Section 38.1429 - Participation in Other Public Sector Retirement Benefits Plan; "Public Sector Employer" Defined.

38.1429 Participation in other public sector retirement benefits plan; "public sector employer" defined.
Sec. 129.
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. 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 7 - (38.1420...38.1467) › Section 38.1431a - Tier 2 Accounts; Terms and Conditions.

38.1431a Tier 2 accounts; terms and conditions.
Sec. 131a.
Tier 2 accounts are subject to the following terms and conditions:
(a) On or before January 1, 2013, the retirement system shall design an automatic enrollment feature that provides that unless a qualified participant who makes contributions under this act elects to contribute a lesser amount, the qualified participant shall contribute the amount required to qualify for all eligible matching contributions under this act. The retirement system shall implement this automatic enrollment feature on or after January 1, 2013, as determined by the retirement system.
(b) Employer matching contributions do not have to be made to the same plan or account to which the elective employee contributions were contributed as the basis for the matching contributions.
(c) Elective employee contributions shall not be used as the basis for more than an equivalent amount of employer matching contributions or, in the case of matching contributions under section 131(2), 50% of the employer matching contributions.
(d) The retirement system shall design and implement a method to determine the proper allocation of employer matching contributions based on elective employee contributions as provided in this section.
History:
Add. 2012, Act 300, Imd. Eff. Sept. 4, 2012 ;-- Am. 2017, Act 92, Imd. Eff. July 13, 2017
Compiler's Notes:
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 7 - (38.1420...38.1467) › Section 38.1432 - Vesting.

38.1432 Vesting.
Sec. 132.
A qualified participant is immediately 100% vested in his or her contributions made to Tier 2. A qualified participant shall vest in the employer contributions made on his or her behalf to Tier 2 according to the following schedule:
(a) Upon completion of 2 years of service, 50%.
(b) Upon completion of 3 years of service, 75%.
(c) Upon completion of 4 years of service, 100%.
History:
Add. 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 7 - (38.1420...38.1467) › Section 38.1434 - Refund Beneficiary.

38.1434 Refund beneficiary.
Sec. 134.
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. 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 7 - (38.1420...38.1467) › Section 38.1435 - Tier 2; Eligibility to Receive Distribution; Effect of Death of Qualified Participant; Methods of Distribution.

38.1435 Tier 2; eligibility to receive distribution; effect of death of qualified participant; methods of distribution.
Sec. 135.
(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. 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 7 - (38.1420...38.1467) › Section 38.1437 - Exemption From State, County, Municipal, or Local Tax; Right to Setoff to Recover Overpayments.

38.1437 Exemption from state, county, municipal, or local tax; right to setoff to recover overpayments.
Sec. 137.
(1) Distributions from employer contributions made pursuant to section 131(2) and earnings on those employer contributions, and distributions from employee contributions made pursuant to section 131(2) and earnings on those employee contributions, are exempt from any state, county, municipal, or other local tax. Distributions from employer contributions made pursuant to section 131(2) and earnings on those employer contributions and distributions from employee contributions made pursuant to section 131(2) and earnings on those employee contributions are subject to the public employee retirement benefit protection act, 2002 PA 100, MCL 38.1681 to 38.1689.
(2) 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.
(3) 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. 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 7 - (38.1420...38.1467) › Section 38.1451-38.1467 - Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997.

38.1451-38.1467 Repealed. 1997, Act 143, Imd. Eff. Nov. 19, 1997.
Compiler's Notes:
The repealed sections pertained to termination of membership on Tier 1 and contributions to Tier 2 account.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1501 - Short Title.

38.1501 Short title.
Sec. 1.
This act shall be known and may be cited as the "municipal employees retirement act of 1984".
History:
1984, Act 427, Imd. Eff. Jan. 2, 1985
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1502 - Meanings of Words and Phrases.

38.1502 Meanings of words and phrases.
Sec. 2.
For the purposes of this act, the words and phrases defined in sections 2a to 2c have the meanings ascribed to them in those sections.
History:
1984, Act 427, Imd. Eff. Jan. 2, 1985
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1503-38.1510a - Repealed. 1996, Act 220, Eff. Aug. 15, 1996.

38.1503-38.1510a Repealed. 1996, Act 220, Eff. Aug. 15, 1996.
Compiler's Notes:
The repealed sections pertained to credited service.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1511 - Repealed. 1986, Act 291, Imd. Eff. Dec. 22, 1986.

38.1511 Repealed. 1986, Act 291, Imd. Eff. Dec. 22, 1986.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1512-38.1535 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996.

38.1512-38.1535 Repealed. 1996, Act 220, Eff. Aug. 15, 1996.
Compiler's Notes:
The repealed sections pertained to benefit programs.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1536a - Repealed. 2004, Act 490, Imd. Eff. Dec. 28, 2004.

38.1536a Repealed. 2004, Act 490, Imd. Eff. Dec. 28, 2004.
Compiler's Notes:
The repealed section pertained to promulgation of administrative rules.
2023 Michigan Compiled Laws › Chapter 38 - Civil Service and Retirement › Act 427 of 1984 - Municipal Employees Retirement Act of 1984 (38.1501 - 38.1558) › Section 38.1537, 38.1538 - Repealed. 1996, Act 220, Eff. Aug. 15, 1996.

38.1537, 38.1538 Repealed. 1996, Act 220, Eff. Aug. 15, 1996.
Compiler's Notes:
The repealed sections pertained to annual reports, tables, data, and information.