reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Parking on State Property › Section R. 18.424 - Parking violation; appeal upheld

Current through Vol. 24-12, July 15, 2024
Rule 24. If a violation which is being appealed is upheld, all fines shall be paid within 10 working days from the date of appeal decision. If an employee fails to pay the fine, the parking space will be cancelled.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Parking on State Property › Section R. 18.425 - Cancellation

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) When an individual has a parking space cancelled due to violation of the parking rules, the cancellation shall remain in effect for 1 calendar year from the date of the infraction.
(2) After the calendar year has ended, the individual may reapply for a parking space. An individual will be placed on the parking space assignment list in the chronological order in which requests are submitted.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Parking on State Property › Section R. 18.426 - Appeal process

Current through Vol. 24-12, July 15, 2024
Rule 26.
( 1) A person appealing a parking violation notice shall submit in writing, within 10 working days after receiving the notice, the reasons why the penalty should be modified or cancelled. The appeal shall include all of the following information:
(a) Name and work unit of applicant.
(b) Number of violation notice.
(c) A concise statement of the reasons the appeal should be granted.
(d) The relief requested.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Real Estate Services › Section R. 18.502 - Leasing of facility space; legal lessee; attorney general and board approval of lease required; competitive award process required specifications; objectives; justification of rent and rate increases required; options

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Pursuant to sections 4 and 13 of Act No. 51 of the Public Acts of the First Extra Session of 1948, as amended, being SS18.4 and 18.13 of the Michigan Compiled Laws, facility space for the various state departments shall be leased in a manner which provides an equal opportunity for all individuals to participate in the procurement process insofar as there is no abrogation of the director's authority to award contracts which he or she deems to be in the best interest of the state.
(2) The state of Michigan is the legal lessee of all property occupied and rented by a state department or agency. An individual state department or agency shall not lease property in the name of the department or agency unless specifically authorized by statute.
(3) All lease contracts are subject to the approval of the attorney general as to legal form.
(4) All lease contracts are subject to the approval of the state administrative board prior to execution by the director.
(5) Unless otherwise waived by the director, the awarding of lease contracts shall be determined through a competitive bid proposal or sealed bid process. If waived, lease terms shall be subject to a complete market analysis or financial analysis, or both, to substantiate the rental amount.
(6) Specifications shall be written to encourage overall economy and efficiency through maximum competition in providing facilities, building space, equipment, services, and supplies to satisfy the state's needs.Specifications shall not be unduly restrictive.
(7) Sites or locations for leased space shall be evaluated consistent with the following criteria:
(a) Consolidating a state department, agency, or departments into 1 building if practical.
(b) Providing maximum occupancy of state-owned and leased facilities.
(c) Centralizing a department, agency, or departments into downtown areas if practical.
(d) Complying with policies and directives from the governor or director which are in the best interest of the state.
(e) Entering into lease contracts with local governments if possible to take advantage of their tax-exempt status and to encourage joint location of government services.
(f) Protecting the health, safety, and welfare of the public and employees.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Real Estate Services › Section R. 18.503 - Special provisions

Current through Vol. 24-12, July 15, 2024
Rule 3. Unless otherwise authorized by the director, for good cause when deemed in the best interest of the state, except as required by law, every lease contract entered into by the state shall have all of the following special provisions:
(a) The lessor, pursuant to the requirements of Act No. 453 of the Public Acts of 1976, as amended, being S37.2101 et seq. of the Michigan Compiled Laws, shall agree not to discriminate against any employee or applicant for employment, to be employed in the performance of the contract, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, color, religion, national origin, ancestry, sex, height, weight, marital status, or age, except where a requirement as to age is based on a bona fide occupational qualification.Further, the lessor shall agree that every subcontract entered into for the performance of the contract shall contain a provision requiring nondiscrimination in employment, as herein specified, binding as a material breach of contract.
(b) The lessor shall, at the lessor's expense, during the term of the lease or any extension thereof, insure the premises with public liability insurance, the terms of such requirement to be set forth in the lease.
(c) The lessor shall warrant that the premises will comply with the barrier-free design requirements made applicable by Act No. 1 of the Public Acts of l966, as amended, being S125.1351 et seq. of the Michigan Compiled Laws, unless an exception or exemption is granted by the Michigan barrier free design board.
(d) The lessor shall provide to the state, before possession, a written fire inspection report approving the premises for occupancy. Fire inspection reports shall be updated as determined by the director.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Real Estate Services › Section R. 18.504 - Contracts

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Any type of contract which is in the best interest of the state may be used.
(2) A short-term lease contract agreement (1 to 4 years) may be used when a building requires little or no remodeling in order to allow the department or agency maximum flexibility and mobility in accordance with siting policy objectives.
(3) A long-term lease contract (5 to 10 years) may be used in the following situations:
(a) A building is to be extensively remodeled or rehabilitated by the lessor to meet state requirements.
(b) A building is to be constructed for a specific use by a state department or agency.
(c) The building and location best serves the interest of the state.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Real Estate Services › Section R. 18.505 - Leasing information; public access

Current through Vol. 24-12, July 15, 2024
Rule 5. Leasing information shall be a matter of public record to the extent provided in Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and shall be available to the public pursuant to this act.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Real Estate Services › Section R. 18.507 - Bid solicitation

Current through Vol. 24-12, July 15, 2024
Rule 7. Unless otherwise authorized by the director, for good cause when deemed in the best interest of the state, the following provisions apply:
(a) Sealed bids or bid proposals shall be solicited from all parties who express an interest in bidding in response to the public notice or in response to notification sent to those on the bidder list.
(b) All sealed bids and bid proposals are subject to the specifications, requirements, and instructions outlined in each specific bid solicitation.
Michigan Administrative Code › Department - Technology Management and Budget › State Facilities Administration › Real Estate Services › Section R. 18.509 - Solicitation or award of contract; public right of protest

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A person who is aggrieved in connection with the solicitation or award of contract action taken by the real estate manager may protest to the director.
(2) A person who is aggrieved in connection with a solicitation or award of contract authorized by the director may protest to the building committee of the state administrative board.
(3) A person who is aggrieved in connection with a solicitation or award of contract recommended by the building committee of the state administrative board may protest to the state administrative board.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Act" means Act No. 300 of the Public Acts of 1980, as amended, being S38.1301 et seq. of the Michigan Compiled Laws.
(b) "Applicant" means a person, member, retirant, or reporting unit claiming benefits under the act.
(c) "Benefits" means any provision in the act dealing with maintenance of the member's account or the computation of the allowance or eligibility therefor, and includes any and all procedures, policies, and proceedings applicable to such provision.
(d) "Board" means the Michigan public school employees' retirement board as provided for in the act.
(e) "Full-time student" means a person who is carrying 12 or more semester hours or its equivalent in any semester or equivalent instructional unit at a junior college, community college, college, or university.
(f) "System" means the Michigan public school employees' retirement system as provided in the act.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1102 - Place of meetings

Current through Vol. 24-12, July 15, 2024
Rule 102. All meetings of the board, unless otherwise ordered by the president, shall be held in Lansing in the building where the offices of the public school employees' retirement system are situated.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1103 - Regular meetings; time

Current through Vol. 24-12, July 15, 2024
Rule 103. Regular meetings of the board shall be held at such times as the needs of the board may require and subject to the provisions of Act No. 261 of the Public Acts of 1976, as amended, being S15.267 et seq. of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1104 - Annual meeting; election of officers

Current through Vol. 24-12, July 15, 2024
Rule 104. The annual meeting of the board shall be held in July. A president and vice-president shall be elected at the annual meeting and shall take office immediately upon election and serve until their successors are elected.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1105 - Special meetings

Current through Vol. 24-12, July 15, 2024
Rule 105. Special meetings of the board may be held at any time consistent with Act No. 267 of the Public Acts of 1976, as amended, being S15.261 et seq. of the Michigan Compiled Laws, on call of the president or on written request to the secretary by the majority of the members of the board. Unless by unanimous consent, a special meeting shall not be held without 3 days' written notice to each member of the board.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1106 - Quorum

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) A majority of the board shall constitute a quorum for the transaction of business at a meeting of the board.
(2) When only 5 members of the board are present for a meeting, not less than 4 concurring votes shall be necessary for a decision.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1107 - Order of business

Current through Vol. 24-12, July 15, 2024
Rule 107. The order of business at all regular meetings shall be as follows:
(a) Roll call.
(b) Approval of minutes.
(c) Public comment.
(d) Consideration of financial report.
(e) Action on allowance applications.
(f) Unfinished business.
(g) New business.
(h) Special reports.
(i) Public comment.
(j) Adjournment.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1108 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1) A person requesting a declaratory ruling from the board regarding a statute, rule, or order administered by the board shall submit, in duplicate, a sworn petition to the board setting forth all of the following information:
(a) The nature and purpose for the request.
(b) The statute, rule, or order administered by the board to which the request applies.
(c) The person's involvement, interest, or relationship to that statute, rule, or order.
(d) The exact subject of the ruling required.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1109 - Consideration and disposition of declaratory ruling requests

Current through Vol. 24-12, July 15, 2024
Rule 109. Within 90 days after receipt of a complete petition for a declaratory ruling, the board, after consultation, if necessary, with staff and the attorney general will act on the petition. A declaratory ruling shall receive a majority concurrence of the board members present and voting before it is issued to the interested person.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1110 - Reporting unit; employee reports

Current through Vol. 24-12, July 15, 2024
Rule 110. In reporting service credit for all employees, the reporting unit shall include the hours worked along with such other information, as determined by the retirement system, as is necessary to determine eligibility for, and the amount of, retirement benefits. The reports shall be submitted in accordance with the schedules published in the Michigan public school employees' retirement system instruction manual.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1111 - Delinquent member or employer contribution

Current through Vol. 24-12, July 15, 2024
Rule 111.
(1) A member shall not be entitled to a retirement allowance based upon creditable reporting unit service performed under the contributory plan until the member has contributed to the retirement system an amount equal to the amount the member should have contributed according to the schedule governing contributions in effect at the time the creditable service was performed, together with interest at such rate as the retirement board shall determine. If a member who made payment for service performed under this rule dies or withdraws from service before the member's retirement allowance becomes effective and there is no other person entitled to an allowance, the payment shall be refunded upon request to the member, refund beneficiary, or, if none, a legal representative appointed by the court.
(2) Delinquent contributions for service performed under the noncontributory plan shall be the responsibility of the reporting unit where the service was performed and subject to penalties and interest as determined by the retirement board and statute.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1112 - Board-determined rate of interest

Current through Vol. 24-12, July 15, 2024
Rule 112. The rate of interest for purposes of repayment of a refund, purchase of out-of-system public education service and other creditable service, and crediting individual member accounts shall be at such rate as the retirement board from time to time determines. For these purposes, the board may determine a rate of interest, hereafter referred to as the "board-determined rate of interest (BDRI)," which shall not exceed the assumed actuarial rate of return.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1113 - Granting of service credit

Current through Vol. 24-12, July 15, 2024
Rule 113. The board shall grant a year of service credit to any member who has been employed during the school fiscal year from July 1 to June 30 for 170 days of not less than 6 hours per day. A maximum of 30 hours per week shall be accrued. The board may allow a year of service credit if the member was employed for a minimum of 150 days when it is needed to qualify a member or beneficiary for a monthly allowance in the final year of service. This minimum may also be used when the employing school agency's full-time employee's term of employment is less than 170 days.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1114 - Fractional year of service

Current through Vol. 24-12, July 15, 2024
Rule 114. Where a member serves less than a school fiscal year, such time shall be credited as a fractional part of a school fiscal year in the proportion which the number of days actually served bears to the number of days that constitutes full-time service credit.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1115 - Part-time employees; service credit

Current through Vol. 24-12, July 15, 2024
Rule 115. Part-time employees shall receive service credit for full-time service on the basis of 30 or more hours per week and proportionate credit for less than 30 hours on the basis of 30 hours for full-time credit in the proportion which the hours employed in the school fiscal year bear to 1,020 hours.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1116 - Hours of employment for part-time instructors employed at institutions of higher education; service credit

Current through Vol. 24-12, July 15, 2024
Rule 116. Where a member is employed on less than a full-time basis to teach at an institution of higher education, the reporting unit shall report hours worked to the retirement system in the proportion that the member's class hours of credit taught bear to the class hours of credit taught that is required for similarly assigned full-time instructors at that reporting unit. This procedure shall be applicable whether or not the instructor is paid on the basis of credit or semester hours taught or on a per class basis.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1117 - Credit for excluded employment

Current through Vol. 24-12, July 15, 2024
Rule 117. Service credit shall not be given except as authorized by the act for reporting unit employment which was specifically excluded from membership by statute or administrative directive, which includes, but is not limited to, all of the following:
(a) A retirant of the retirement system.
(b) A student in a reporting unit.
(c) An enrollee in a neighborhood youth corps program which is operated with funds from the office of economic opportunity or a person enrolled in a comparable youth training program designed to prevent high school dropouts and rehabilitate high school dropouts which is operated by an intermediate school district, except for such employment which is creditable as provided by the act.
(d) An independent contractor.
(e) An enrollee in a national youth administration program.
(f) A member of the optional retirement program provided by Act No. 156 of the Public Acts of 1967, as amended, being S38.381 et seq. of the Michigan Compiled Laws.
(g) A student teacher or similar training experience required for certification or degree purposes, unless that person also received compensation which was reasonably commensurate with the beginning compensation paid to a person already trained for the same position. In that event, the member shall be subject to the payment and certification provisions provided by R 38.1111 and R 38.1119, respectively.
(h) A person employed under Act No. 69 of the Public Acts of 1983, being S409.221 et seq. of the Michigan Compiled Laws, and known as the Michigan Youth Corps Act.
(i) A person engaged in some other type of employment not specifically included by statute or administrative directive.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1118 - Student employment during vacation periods; service credit

Current through Vol. 24-12, July 15, 2024
Rule 118. Service credit shall be granted for public school employment rendered during the extended vacation period in which the person was enrolled but not attending classes within the same school system if the employment is not excluded as provided in R 38.1117.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1119 - Proof of payment; documentation requirements; payment

Current through Vol. 24-12, July 15, 2024
Rule 119.
(1) A member who requests service credit for public school employment which is provided for in R 38.1117, R 38.1118, or any other creditable reporting unit service, which was not reported to the retirement system shall submit at least 1 of the following proofs of service:
(a) An affidavit completed by the present school officer which certifies the employment on the basis of official payroll records on file with the reporting unit.
(b) If there are no official payroll records available, a member shall submit a missing record affidavit and either of the following proofs of service:
(i) Three citizens' corroborative affidavits and either a W-2 statement or an income tax return.
(ii) Other official school-produced records for the year or years in question.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1120 - Out-of-system public education and other creditable service certification; payment procedure

Current through Vol. 24-12, July 15, 2024
Rule 120.
(1) An active member may, after satisfying the requirements of the act, purchase out-of-system public education and other creditable service. The board shall allow credit for out-of-system public education service if similar service performed in a reporting unit would be creditable. Such service shall not be creditable until the member makes payment in full. Partial payments for service performed before July 1, 1974, will be accepted up to the time of the final payment, which shall be not later than the effective date of the member's retirement allowance.The minimum partial payment shall be established by the board.
(2) The procedure for computing the compensation base for out-of-system public education and other creditable service which is performed after July 1, 1974, and payment procedure shall be the same as for the purchasing of nonintervening military service credit.
(3) It shall be the responsibility of the member to furnish, on forms provided by the retirement office, certification of creditable out-of-system public education and other creditable service. The certification shall be completed from official records in the possession of the educational agency, a public retirement system, or a governmental agency.
(4) It shall be the member's responsibility to obtain completed certification of service, on forms prescribed by the retirement board, of the member's creditable out-of-system public education and other creditable service.
(5) An original copy of the certification of service is required, which shall also include a list of the salaries received each school fiscal year of the member's service. It shall also contain a statement by the school officer completing the certification that his or her statements are based upon official school records on file.
(6) If the support documents do not establish valid service credit, evaluation shall be based on annual composite summary listings.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1121 - Nonintervening military service credit; payment procedure

Current through Vol. 24-12, July 15, 2024
Rule 121. To be processed, an application for nonintervening military service credit shall be received in the retirement office before June 15 of the school fiscal year upon which payment is to be based. A military payment received which is postmarked after the last date of the school fiscal year upon which the payment is to be based will be returned to the member. If the June 30 deadline is not met, the member shall reapply.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1122 - Eligibility to purchase other creditable service or repay a refund

Current through Vol. 24-12, July 15, 2024
Rule 122. The purchase of any service creditable by statute, excluding repayment of a refund, shall be made while an individual is a member of the retirement system, except that payment by a disability applicant shall be permitted if full payment is made before the effective date of the allowance.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1124 - Repayment of refunds

Current through Vol. 24-12, July 15, 2024
Rule 124. A member, after satisfying the requirements for repaying a refund, may make payment in full or may elect to make installment payments. The minimum installment payment shall be established by the board.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1125 - Refunds; probate court orders

Current through Vol. 24-12, July 15, 2024
Rule 125. A written order by the judge of probate of the county of residence instructing the retirement board to make a refund to the administrator or executor of the estate of a deceased member or other qualified person designated by such judge of probate may be accepted in place of the written nomination of beneficiary if a valid written nomination of beneficiary is not on file with the system.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1126 - Application for retirement; cancellation

Current through Vol. 24-12, July 15, 2024
Rule 126.
(1) Application for retirement shall be made on forms furnished by the retirement board and shall be filed with the secretary of the retirement board. A letter of inquiry relative to retirement is not an application for retirement.
(2) A completed retirement application may be cancelled by the applicant if the retirement system has not processed the initial monthly payment.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1127 - Final average compensation

Current through Vol. 24-12, July 15, 2024
Rule 127.
(1) Compensation means the remuneration received by a member, as defined in the act, and includes items of an economic value as specifically fixed by the retirement board. Only if the kind of remuneration or item of economic value received by a member is specifically authorized by either the retirement statute or by the retirement board shall it be included in computing the member's final average compensation.
(2) All payments to a member, or made on the member's behalf, recognizable as compensation which were made under the noncontributory plan, but which were not reported to the retirement system at the time the payment was made, shall be verified from official reporting unit records and certified by the president and secretary of the board of control. The respective contribution shall be the responsibility of the reporting unit and is subject to penalties and interest as determined by the retirement board and statute.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1128 - Post-retirement employment

Current through Vol. 24-12, July 15, 2024
Rule 128. A retirant may, after 1 month immediately following his or her retirement allowance effective date, become employed in a reporting unit or with the state of Michigan in a position which is covered by Act No. 240 of the Public Acts of 1943, as amended, being S38.1 et seq. of the Michigan Compiled Laws, and earn as much as is permitted by the act.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1129 - Suspension of retirement allowance; health insurance coverage

Current through Vol. 24-12, July 15, 2024
Rule 129.
(1) If a retirement allowance is suspended for any reason provided by statute, and if the person is enrolled in the retirement system's health insurance plan, the retirement system's subsidy shall also cease until the date the retirant again becomes eligible to receive a monthly allowance. During the period of suspension, the retirant shall be given the option to continue with the health insurance plan, but without retirement system subsidy, if applicable.
(2) Instead of suspending a retirement allowance where excess post- retirement earnings are involved, the retirant may pay the retirement system, in a single lump sum, the total amount of the excess earnings, in which case the retirement allowance and health insurance subsidy shall not be discontinued. As an alternative, the retirant may choose to have his or her monthly allowance reduced over a period of not more than 12 months by an amount which will repay the system the excess earnings so received, if the reduced allowance is not less than 50% of the unreduced allowance. The retirement system's subsidy for the cost of the health insurance plan shall be continued during the period of reduced allowance payments.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1130 - Proof of dependency

Current through Vol. 24-12, July 15, 2024
Rule 130. When the act requires that a person be 50% or more financially dependent to be eligible to receive a retirement benefit, or to be designated as a potential retirement allowance beneficiary, a spouse or unmarried child under the age of 18 shall be presumed to be 50% or more dependent. For all other persons, proof of dependency shall be based upon a formula which recognizes all sources of income, including income derived from assets, plus all income received by the member or former member. The resulting sum thereof shall be divided by 4 to determine 50% of the person's own personal support. A financial statement and any other financial records deemed desirable shall be required for verifying eligibility.
Michigan Administrative Code › Department - Technology Management and Budget › Public School Employees' Retirement Board › General Rules › Part 1 - GENERAL PROVISIONS › Section R. 38.1131 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 131. R 38.221 to R 38.235 and R 38.301 to R 38.308 of the Michigan Compiled Laws, appearing on pages 366 to 369 of the 1979 Michigan Administrative Code, are rescinded.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.61 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) "Act" means Act No. 153 of the Public Acts of 1937, as amended, being S24.61 et seq. of the Michigan Compiled Laws.
(2) "Conditions prevalent" means the cost of providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected, including plans or programs for medical or hospital care, pensions on retirement or death, compensation for injuries or illness or resulting from occupational activity, or insurance to provide any of the foregoing for supplemental unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, the costs of other approved paid absences for defraying costs of apprenticeship or other similar programs.
(3) "Employees" means all individuals who are engaged in any operation preparatory or necessary to or in the performance of a contract awarded by the state.
(4) "Locality" means the geographic determination as delineated on the map attached hereto as appendix A.
(5) "Prevailing wage rate and conditions prevalent" means the market rate, which is generally current; the mode received by employees in the locality evidenced by all information available to the department of management and budget at the time the determination is to be made.
(6) "Responsible bidder" means:
(a) A company having use of the allied printing trades council label.
(b) A company which pays its employees in accordance with a collective bargaining agreement with an organization which is in no way influenced or controlled by the management.
(c) A company filing with the secretary of state a sworn statement to the effect that its employees are receiving the prevailing wage rate and are working under conditions prevalent in the locality in which the work will be produced.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.62 - Implementation

Current through Vol. 24-12, July 15, 2024
Rule 2. These rules shall be implemented in a particular case only if a challenge to a bidder's status as a responsible bidder is received by the department of management and budget not later than 10 working days after the opening of bids.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.63 - Prevailing wage rate and conditions prevalent

Current through Vol. 24-12, July 15, 2024
Rule 3. In determining the prevailing wage rate and conditions prevalent, the department of management and budget shall review current information submitted or available to it but shall not be required to look beyond that information, except in the case of a contested bid. In that case, the challenged bidding firm may be required to furnish additional wage information.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.64 - Obtaining and compiling relevant information

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Whenever necessary and for the purpose of making prevailing wage rate and conditions prevalent determinations, the department of management and budget shall endeavor to obtain and compile information regarding wages and conditions prevalent.
(2) The department of management and budget shall encourage the voluntary submission of data by printing firms, trade associations, labor organizations, public officials, and other interested parties, reflecting wages and conditions prevalent.
(3) The following types of information shall be considered in making determinations of prevailing wage rates and conditions prevalent:
(a) Signed collective bargaining agreements.
(b) Information furnished by federal and state agencies.
(c) Other information pertinent to the determination of prevailing wage rates and conditions prevalent.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.65 - Determination of responsible bidders

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The responsibility of determining whether or not a bidder is a responsible bidder under the act rests in the first instance with the purchasing division of the department of management and budget.
(2) In the event of a challenge, the challenged bidder may withdraw its bid within 3 working days after notification of the challenge. If the challenged bidder does not withdraw, he shall furnish such additional information as the purchasing division requests with respect to wages and conditions prevalent.
(3) The responsible bidder determination of the purchasing division shall be final unless 1 of the parties requests a hearing.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.66 - Challenges

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The grounds upon which a bidder may be challenged are:
(a) That a bidder is not authorized to use the allied printing trades council label.
(b) That the collective bargaining agreement of a bidder is with a labor organization influenced or controlled by management.
(c) That the employees of a bidder who has filed a sworn affidavit with the secretary of state are not receiving the prevailing wage rate and working under conditions prevalent in the locality in which the work will be produced.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.67 - Notice of public hearing

Current through Vol. 24-12, July 15, 2024
Rule 7. Not less than 7 working days before the date of a public hearing, the director of the purchasing division shall notify, by certified mail, the challenger, the challenged bidder, and any other persons he names. The notice shall state the time, place, and date of the hearing, and shall set forth:
(a) The nature of the conduct alleged which is not in compliance with the act.
(b) The name and address of the challenger.
(c) A statement that the hearing will be public, that the party may be represented by counsel, that the party may present witnesses, that all witnesses may be called and subjected to cross-examination, and that the hearing officer may request the attendance of witnesses and the production of evidence, which, in the judgment of the director of the purchasing division, will aid in the conduct of the investigation.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.68 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Hearings shall be held before a hearing officer designated by the director of the purchasing division. The hearing officer and his agents or employees shall not have direct or indirect ex parte communication with any person in connection with the issues involved in a hearing.
(2) The hearing officer shall regulate the conduct of the hearing, administer oaths, request the attendance and testimony of witnesses and production of books, papers, and other documentary evidence, fix the time and form for the submission of evidence or argument, and adjourn a hearing for good cause to such time, date, and place as he deems appropriate.
(3) The rules of evidence applicable in the courts of the state need not be applied strictly in a hearing.
(4) At the conclusion of the hearing, the hearing officer may request additional evidence or written arguments concerning the subject matter to be submitted within such time and form as he directs. The additional evidence or argument shall be disclosed to all interested parties.
(5) The party requesting a hearing shall have the burden of proving a challenge. The party requesting the hearing shall have the right to be present, to be represented by counsel, to testify, to produce and examine witnesses, to cross-examine adverse witnesses, and to introduce such other evidence as may be material and relevant to the issues.
(6) Proceedings shall be recorded, but need not be transcribed unless requested by the purchasing division or a party. The purchasing division shall determine the amount and source of payment for the transcript. The purchasing division shall prepare an official record of the hearing, which shall include the notice of hearing and all documents considered by the hearing officer, and may include a transcript of the evidence presented at the hearing.
Michigan Administrative Code › Department - Technology Management and Budget › Purchasing Division › State Printing - Prevailing Wage Rates › Section R. 24.69 - Challenge opinions

Current through Vol. 24-12, July 15, 2024
Rule 9. If the hearing officer finds from a preponderance of the evidence that a challenged bidder has not complied with the act or that the moving party has failed to demonstrate that its position is meritorious, he shall issue a written decision specifying recommended action. The hearing officer shall transmit a copy of the decision to the person whose conduct is involved, to the person who challenged the proposed award, and to other persons who have filed a written request for a copy of the opinion.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part I - DEFINITIONS - APPLICABILITY › Section R. 38.21 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) As used in these rules:
(a) "Act" means 1943 PA 240, MCL 38.1.
(b) "Administrative record" means the application and related documents considered by the staff of the retirement system in reaching its determination.
(c) "APA" means 1969 PA 306, MCL 24.201.
(d) "Application" means a request for a benefit provided by the act. "Application" also includes a request to reopen a closed application and a reapplication.
(e) "Board" means the retirement board as defined in MCL 38.1h(4) of the act and composed of those members set forth in MCL 38.3 of the act.
(f) "Bona fide termination of employment" for purposes of R 38.38 means that a member terminated employment in good faith, with honesty, and without any intent to return to a position covered by the act within the same month as the individual's retirement allowance effective date.
(g) "Closed application" means a request by an individual for a benefit provided by the act that was withdrawn by the individual or otherwise never decided by the retirement system or the board.
(h) "Dependent" or "dependents," as used in MCL 38.20d of the act means all of the following:
(1) The retirant's spouse.
(2) Any unmarried child of the retirant who is considered a dependent under section 152 of the internal revenue code.
(i) "Good cause," as used in MCL 38.21 and 38.24 of the act, means the legitimate inability to file an application within 1 year after termination of the member's employment. "Good cause" does not include a person's own careless neglect or inattention to the filing requirements.
(j) "Medical advisor," as used in MCL 38.21 and 38.24 of the act, means a physician designated by the retirement system.
(k) "Permanent," as used in MCL 38.21 and 38.24 of the act, means will last throughout the lifetime of the member.
(l) "Presiding officer" means presiding officer as defined in MCL 24.279 and 24.280 of the APA.
(m) "Reasonable medical treatment" means medical treatment that does not involve significant danger to life or extraordinary suffering and that has a reasonable probability of significantly improving the condition caused by the disease or injury.
(n) "Reapplication" means a request by an individual for a benefit provided by the act that was previously decided by the staff of the retirement system or the board.
(o) "Totally incapacitated," as used in MCL 38.21 and 38.24 of the act, means the member is unable to perform the duties of his or her current position, or any other position reasonably related to the member's education, training, or experience.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part II - PROCEDURAL RULES › Section R. 38.26 - Action by the board

Current through Vol. 24-12, July 15, 2024
Rule 26. The board shall act on every proposal for decision in a public meeting. The board may do any of the following:
(a) Remand the matter to the presiding officer or other presiding officer for further action.
(b) Issue a final decision approving, rejecting, or modifying the proposal for decision.
(c) Exercise any other power of the board.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part II - PROCEDURAL RULES › Section R. 38.27 - Clerical mistakes; correction

Current through Vol. 24-12, July 15, 2024
Rule 27. Clerical mistakes and errors arising from omissions or commissions made by the board may be corrected by the board at any time on its own initiative or as a result of a motion filed by a party.