HOUSE BILL No. 4533

 

 

April 30, 2019, Introduced by Reps. Steven Johnson, Albert and Lower and referred to the Committee on Appropriations.

 

     A bill to amend 1943 PA 240, entitled

 

"State employees' retirement act,"

 

by amending sections 20g, 38, 49, and 68b (MCL 38.20g, 38.38,

 

38.49, and 38.68b), section 20g as amended by 1987 PA 241, section

 

38 as amended and section 68b as added by 2011 PA 264, and section

 

49 as amended by 2018 PA 336.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20g. (1) After the end of each state fiscal year, the

 

department of technology, management, and budget shall determine

 

the rate and discount rate of investment return earned on

 

retirement system assets during the fiscal year, based upon on

 

methods established by the retirement board.

 

     (2) At the end of each state fiscal year, the retirement

 

system's actuary shall determine the present value of retirement

 

allowances to be paid after the end of the fiscal year to retirants


and retirement allowance beneficiaries in receipt of retirement

 

allowances at the end of the fiscal period. The assumed interest

 

rate and discount rate used in the determination shall be 8% must

 

not exceed 6% per year, compounded annually.

 

     (3) The distribution income at the end of each state fiscal

 

year shall must be equal to the product of the present value of

 

retirement allowances determined in subsection (2) at the end of

 

the previous fiscal year times the positive excess, if any, of the

 

rate of investment return determined in subsection (1) exceeding

 

8%. The distribution income calculated pursuant to this subsection

 

at the end of the fiscal years 1984-85 and 1985-86 shall be reduced

 

by the costs of postretirement adjustments paid during the fiscal

 

year pursuant to sections 20b, 20c, 20e, and 20f.the assumed

 

interest rate used under subsection (1).

 

     (4) After the end of each state fiscal year, each retirant and

 

retirement allowance beneficiary in receipt of a retirement

 

allowance at the end of the fiscal year, and whose effective date

 

of retirement allowance preceded the beginning of that fiscal year,

 

shall must be credited with 1 distribution unit for each full year

 

between the effective date of retirement and the end of the fiscal

 

year and 1 distribution unit for each full year of service credit

 

in force on the effective date of retirement. Distribution units

 

shall must not accumulate from 1 year to the next year.

 

     (5) The distribution amount for an individual retirant or

 

retirement allowance beneficiary shall must be equal to the product

 

of the distribution income determined in subsection (3) times the

 

individual's number of distribution units determined in subsection


(4) divided by the total number of distribution units for all

 

eligible retirants and retirement allowance beneficiaries in

 

receipt of retirement allowances at the end of the fiscal year. The

 

distribution amount for an individual retirant or retirement

 

allowance beneficiary of a retirant whose retirement allowance

 

effective date is on or after October 1, September 30, 1987 is

 

zero.

 

     (6) The distribution amount for each retirant or retirement

 

allowance beneficiary shall be is payable in the form of a

 

supplemental payment prior to before the seventh month after the

 

end of the state fiscal year. Except as provided in subsection (9),

 

a distribution amount shall is not be payable after March 31, 1988.

 

If a retirant dies before receipt of the distribution amount, the

 

payment shall must be made to the retirant's retirement allowance

 

beneficiary, if any. If both the retirant and the retirement

 

allowance beneficiary die before receipt of the distribution

 

amount, no a payment shall must not be made.

 

     (7) Each The retirement system shall increase each retirement

 

allowance shall be increased each October 1 beginning with the

 

later of October 1, 1988 or the first October 1 which that is at

 

least 12 months after the retirement allowance effective date. The

 

amount of the annual increase shall under this subsection must be

 

equal to 3% of the retirement allowance that would be payable as of

 

the date of the increase without application of this subsection,

 

except that if the member made the election permitted under section

 

20(2), the increase shall must be based on the amount of retirement

 

allowance that would have been paid without application of section


20(2). The annual increase shall must not exceed $300.00.

 

     (8) After the end of each state fiscal year, the cumulative

 

increase amount shall must be computed for each retirant or

 

retirement allowance beneficiary. The cumulative increase amount

 

shall must be equal to the difference between the total retirement

 

allowance paid during the state fiscal year and the retirement

 

allowance that would have been payable without application of

 

subsection (7) and section 20h. The cumulative increase amount for

 

any retirant or retirement allowance beneficiary whose retirement

 

allowance effective date is on or after October 1, September 30,

 

1987 is zero.

 

     (9) In March of each year, beginning in March, 1989, the

 

retirement system shall pay each retirant or retirement allowance

 

beneficiary, shall be paid, in a single supplemental payment, the

 

excess, if any, of the distribution amount over the cumulative

 

increase amount for the previous state fiscal year. If a retirant

 

dies before receipt of a supplemental payment, the retirement

 

system shall pay the supplemental payment shall be made to the

 

retirant's retirement allowance beneficiary, if any. If both the

 

retirant and the retirement allowance beneficiary die before

 

receipt of a supplemental payment, no payment shall be made.the

 

retirement system shall not make a supplemental payment.

 

     Sec. 38. (1) The annual level percent of payroll dollar

 

contribution rate to finance the benefits provided under this act

 

shall must be determined by actuarial valuation pursuant to under

 

subsections (2) and (3), upon on the basis of the risk assumptions

 

adopted by the retirement board with approval of the department of


technology, management, and budget, and in consultation with the

 

investment counsel and the actuary. An annual actuarial valuation

 

shall must be made of the retirement system in order to determine

 

the actuarial condition of the retirement system and the required

 

contribution to the retirement system. The actuary shall report to

 

the legislature by April 15 of each year on the actuarial condition

 

of the retirement system as of the end of the previous fiscal year

 

and on the projections of state contributions for the next fiscal

 

year. The actuary shall certify in the report that the techniques

 

and methodologies used are generally accepted within the actuarial

 

profession and that the assumptions and cost estimates used fall

 

within the range of reasonable and prudent assumptions and cost

 

estimates. An annual actuarial gain-loss experience study of the

 

retirement system shall must be made in order to determine the

 

financial effect of variations of actual retirement system

 

experience from projected experience.

 

     (2) The contribution rate for monthly benefits payable in the

 

event of the death of a member before retirement or the disability

 

of a member shall must be computed using an individual projected

 

benefit entry age normal cost method of valuation.

 

     (3) Except as otherwise provided in this subsection, the

 

contribution rate for benefits shall must be computed using an

 

individual projected benefit entry age normal cost method of

 

valuation. For the 1995-96 state fiscal year ending September 30,

 

1996 and for each subsequent fiscal year in which the actuarial

 

accrued liability for health benefits is less than 100% funded, the

 

contribution rate for benefits provided under section 20d shall


must be computed using a cash disbursement method with the payment

 

schedule for the employer being based upon on and applied to the

 

combined payrolls of the employees who are members and qualified

 

participants. Beginning in the fiscal year after the fiscal year in

 

which the actuarial accrued liability for health benefits under

 

section 20d is at least 100% funded by the health advance funding

 

subaccount created under section 11(9), and continuing for each

 

subsequent fiscal year, the contribution rate for health benefits

 

provided under section 20d shall must be computed using an

 

individual projected benefit entry age normal cost method of

 

valuation. The contribution rate for service that may be rendered

 

in the current year, the normal cost contribution rate, shall must

 

be equal to the aggregate amount of individual entry age normal

 

costs divided by 1% of the aggregate amount of active members'

 

valuation compensation. The unfunded actuarial accrued liability

 

shall must be equal to the actuarial present value of benefits

 

reduced by the actuarial present value of future normal cost

 

contributions and the actuarial value of assets on the valuation

 

date. Except as otherwise provided in this subsection, subsection

 

(1), the unfunded actuarial accrued liability shall must be

 

amortized in accordance with generally accepted governmental

 

accounting standards over a period equal to or less than 40 years,

 

with the payment schedule for the employer being based upon on and

 

applied to the combined payrolls of the employees who are members

 

and qualified participants. Beginning with the state fiscal year

 

ending September 30, 2021, and for each subsequent fiscal year, the

 

retirement system shall use layered amortization. As used in this


subsection, "layered amortization" means a fixed and closed period

 

that separately layers the different components to be amortized

 

over a fixed period not to exceed 10 years, as it emerges. The

 

amortization period for layered amortization must use a level

 

dollar amortization method.

 

     (4) The legislature annually shall appropriate to the

 

retirement system the amount determined pursuant to under

 

subsections (2) and (3). The state treasurer shall transfer monthly

 

to the retirement system an amount equal to the product of the

 

contribution rates determined in subsections (2) and (3) times the

 

aggregate amount of active member or qualified participant

 

compensation, as appropriate, paid during that month. Not later

 

than 60 days after the termination end of each state fiscal year,

 

the executive secretary of the retirement board shall certify to

 

the director of the department of technology, management, and

 

budget the actual aggregate compensations paid to active members

 

and qualified participants during the preceding state fiscal year.

 

Upon On receipt of that certification, the director of the

 

department of technology, management, and budget shall compute the

 

any difference , if any, between actual state contributions

 

received during the preceding state fiscal year and the product of

 

the contribution rates determined in subsections (2) and (3) times

 

the aggregate compensations paid to active members or qualified

 

participants, as appropriate, during the preceding state fiscal

 

year. Except as otherwise provided in subsection (5), the any

 

difference , if any, shall must be submitted in the executive

 

budget to the legislature for appropriation in the next succeeding


state fiscal year. This subsection does not apply for those fiscal

 

years in which a deposit occurs pursuant to subsection (6).

 

     (5) For Except as otherwise provided in this subsection, for

 

any differences occurring in fiscal years beginning on or after

 

October 1, 1991, a minimum of 20% of the any difference between the

 

estimated and the actual aggregate compensation and the estimated

 

and the actual contribution rate described in subsection (4) , if

 

any, may be submitted in the executive budget to the legislature

 

for appropriation in the next succeeding state fiscal year and a

 

minimum of 25% of the remaining difference shall must be submitted

 

in the executive budget to the legislature for appropriation in

 

each of the following 4 state fiscal years, or until 100% of the

 

remaining difference is submitted, whichever first occurs.

 

Beginning in the state fiscal year ending September 30, 2022 and

 

each state fiscal year thereafter, not less than 60 days after the

 

end of the fiscal year, the office of retirement services shall

 

certify to the department the difference between the estimated and

 

the actual aggregate compensation and the estimated and the actual

 

contribution rate described in subsection (4), if any. The

 

legislature shall appropriate the amount certified under this

 

subsection in the next fiscal year. In addition, interest shall

 

must be included for each year that a portion of the remaining

 

difference is carried forward. The interest rate shall must equal

 

the actuarially assumed rate of investment return for the state

 

fiscal year in which payment is made. This subsection does not

 

apply for those fiscal years in which a deposit occurs pursuant to

 

subsection (6).


     (6) For each fiscal year that begins on or after October 1,

 

2001, if the actuarial valuation prepared pursuant to under this

 

section for each fiscal year demonstrates that as of the beginning

 

of a fiscal year, and after all credits and transfers required by

 

this act for the previous fiscal year have been made, the sum of

 

the actuarial value of assets and the actuarial present value of

 

future normal cost contributions exceeds the actuarial present

 

value of benefits, the annual level percent of payroll contribution

 

rate as determined pursuant to under subsections (1), (2), and (3)

 

may be deposited into the health advance funding subaccount created

 

under section 11(9).

 

     (7) Notwithstanding any other provision of this act, if the

 

retirement board establishes an arrangement and fund as described

 

in section 6 of the public employee retirement benefit protection

 

act, 2002 PA 100, MCL 38.1686, the benefits that are required to be

 

paid from that fund shall must be paid from a portion of the

 

employer contributions described in this section or other eligible

 

funds. The retirement board shall determine the amount of the

 

employer contributions or other eligible funds that shall must be

 

allocated to that fund and deposit that amount in that fund before

 

it deposits any remaining employer contributions or other eligible

 

funds in the pension fund.

 

     Sec. 49. (1) This section is enacted under section 401(a) of

 

the internal revenue code, 26 USC 401, which imposes certain

 

administrative requirements and benefit limitations for qualified

 

governmental plans. This state intends that the retirement system

 

be a qualified pension plan created in trust under section 401 of


the internal revenue code, 26 USC 401, and that the trust be an

 

organization exempt from taxation under section 501 of the internal

 

revenue code, 26 USC 501. The department shall administer the

 

retirement system to fulfill this intent.

 

     (2) The retirement system shall must be administered in

 

compliance with section 415 of the internal revenue code, 26 USC

 

415, and regulations under that section that are applicable apply

 

to governmental plans and, beginning January 1, 2010, applicable

 

provisions of the final regulations issued by the Internal Revenue

 

Service on April 5, 2007. Employer-financed benefits provided by

 

the retirement system under this act must not exceed the applicable

 

limitations set forth in section 415 of the internal revenue code,

 

26 USC 415, as adjusted by the commissioner of internal revenue

 

under section 415(d) of the internal revenue code, 26 USC 415, to

 

reflect cost-of-living increases, and the retirement system shall

 

adjust the benefits, including benefits payable to retirants and

 

retirement allowance beneficiaries, subject to the limitation each

 

calendar year to conform with the adjusted limitation. For purposes

 

of section 415(b) of the internal revenue code, 26 USC 415, the

 

applicable limitation applies to aggregated benefits received from

 

all qualified pension plans for which the office of retirement

 

services coordinates administration of that limitation. If there is

 

a conflict between this section and another section of this act,

 

this section prevails.

 

     (3) The assets of the retirement system must be held in trust

 

and invested for the sole purpose of meeting the legitimate

 

obligations of the retirement system and must not be used for any


other purpose. The assets must not be used for or diverted to a

 

purpose other than for the exclusive benefit of the members, vested

 

former members, retirants, and retirement allowance beneficiaries

 

before satisfaction of all retirement system liabilities.

 

     (4) The retirement system shall return post-tax member

 

contributions made by a member and received by the retirement

 

system to a member on retirement, under Internal Revenue Service

 

regulations and approved Internal Revenue Service exclusion ratio

 

tables.

 

     (5) The required beginning date for retirement allowances and

 

other distributions must not be later than April 1 of the calendar

 

year following the calendar year in which the employee attains age

 

70-1/2 or April 1 of the calendar year following the calendar year

 

in which the employee retires. The required minimum distribution

 

requirements imposed by section 401(a)(9) of the internal revenue

 

code, 26 USC 401, apply to this act and must be administered in

 

accordance with a reasonable and good faith interpretation of the

 

required minimum distribution requirements for all years to which

 

the required minimum distribution requirements apply to the

 

retirement system.

 

     (6) If the retirement system is terminated, the interest of

 

the members, vested former members, retirants, and retirement

 

allowance beneficiaries in the retirement system is nonforfeitable

 

to the extent funded as described in section 411(d)(3) of the

 

internal revenue code, 26 USC 411, and related Internal Revenue

 

Service regulations applicable to governmental plans.

 

     (7) Notwithstanding any other provision of this act to the


contrary that would limit a distributee's election under this act,

 

a distributee may elect, at the time and in the manner prescribed

 

by the retirement board, to have any portion of an eligible

 

rollover distribution paid directly to an eligible retirement plan

 

specified by the distributee in a direct rollover. This subsection

 

applies to distributions made after December 31, 1992. Beginning

 

October 1, 2010, a nonspouse beneficiary may elect to have any

 

portion of an amount payable under this act that is an eligible

 

rollover distribution treated as a direct rollover that will be

 

paid in a direct trustee-to-trustee transfer to an individual

 

retirement account or individual retirement annuity described in

 

section 408(a) or (b) of the internal revenue code, 26 USC 408,

 

that is established for the purpose of receiving a distribution on

 

behalf of the beneficiary and that will be treated as an inherited

 

individual retirement account or individual retirement annuity

 

under section 402(c)(11) of the internal revenue code, 26 USC 402.

 

     (8) For Except as otherwise provided in this subsection, for

 

purposes of determining actuarial equivalent retirement allowances

 

under sections 31(1) and 20(2), the actuarially assumed interest

 

rate must be determined by the director of the department of

 

technology, management, and budget and the retirement board in

 

consultation with the actuary using the mortality tables adopted by

 

the department of technology, management, and budget and the

 

retirement board. Beginning with the state fiscal year ending

 

September 30, 2021 and for each subsequent state fiscal year, for

 

purposes of determining actuarial equivalent retirement allowances

 

under sections 31(1) and 20(2), the actuarially assumed interest


rate and discount rate must not exceed 6% using the most recent

 

mortality assumptions provided by the Actuarial Standards Board and

 

adopted as risk assumptions by the actuary.

 

     (9) Notwithstanding any other provision of this act to the

 

contrary, the compensation of a member of the retirement system

 

must be taken into account for any year under the retirement system

 

only to the extent that it does not exceed the compensation limit

 

established in section 401(a)(17) of the internal revenue code, 26

 

USC 401, as adjusted by the commissioner of internal revenue. This

 

subsection applies to an individual who first becomes a member of

 

the retirement system after September 30, 1996.

 

     (10) Notwithstanding any other provision of this act to the

 

contrary, contributions, benefits, and service credit with respect

 

to qualified military service must be provided under the retirement

 

system in accordance with section 414(u) of the internal revenue

 

code, 26 USC 414. This subsection applies to all qualified military

 

service after December 11, 1994. Beginning on January 1, 2007, in

 

accordance with section 401(a)(37) of the internal revenue code, 26

 

USC 401, if a member dies while performing qualified military

 

service for purposes of determining death benefits payable under

 

this act, the member is treated as having resumed and then

 

terminated employment because of death.

 

     Sec. 68b. (1) A qualified participant or former qualified

 

participant who was first employed and entered upon on the payroll

 

of his or her employer on or after January 1, 2012 December 31,

 

2011 or who made an election under subsection (5) or (6) shall will

 

not receive any health insurance coverage premium from this state


under section 68. In lieu of any health insurance coverage premium

 

that might have been paid by this state under section 68, a

 

qualified participant's employer shall make a matching contribution

 

up to 2% of the qualified participant's compensation to an

 

appropriate tax-deferred account for each qualified participant who

 

was first employed and entered upon on the payroll of his or her

 

employer on or after January 1, 2012 December 31, 2011 or who made

 

an election under subsection (5) or (6). A matching contribution

 

under this subsection shall must not be used as the basis for a

 

loan from an employee's Tier 2 or tax-deferred account.

 

     (2) A qualified participant who was first employed and entered

 

upon on the payroll of his or her employer on or after January 1,

 

2012 December 31, 2011 or who made an election under subsection (5)

 

or (6) may make a contribution up to 2% of the qualified

 

participant's compensation to an appropriate tax-deferred account.

 

     (3) Except as otherwise provided in this subsection, a

 

qualified participant is vested in contributions made to his or her

 

tax-deferred account under subsections (1) and (2) according to the

 

vesting provisions under section 64(1). A qualified participant who

 

is eligible for health insurance coverage under section 67a(4) or

 

(8) is not vested in any employer contributions under subsection

 

(1) and forfeits the contributions and earnings on the

 

contributions.

 

     (4) The contributions described in this section shall must

 

begin with the first payday after the qualified participant is

 

employed or on or after April 1, March 31, 2012 for a qualified

 

participant who makes an election under subsection (5) or (6) and


end upon on his or her termination of employment.

 

     (5) Except as otherwise provided in this subsection, beginning

 

January 3, 2012 and ending at 5 p.m. eastern standard time on March

 

2, 2012, the retirement system shall permit each qualified

 

participant who is a qualified participant on December 31, 2011 to

 

make an election to opt out of the health insurance coverage

 

premium that would have been paid by this state under section 68

 

and opt in to the tax-deferred account provisions of this section

 

effective April 1, 2012. A qualified participant who is a qualified

 

participant on December 31, 2011 and who does not make the election

 

under this subsection continues to be eligible for the health

 

insurance coverage premium paid by this state under section 68 and

 

is not eligible for the tax-deferred account provisions of this

 

section. A qualified participant who is a qualified participant on

 

December 31, 2011 and who makes the election under this subsection

 

shall cease ceases accruing years of service credit for purposes of

 

calculating a portion of the health insurance coverage premium that

 

would have been paid by this state under section 68 as if that

 

section continued to apply and for the portion of the amount to be

 

calculated under subsection (7) for crediting to a tax-deferred

 

account. This subsection does not apply to any of the following:

 

     (a) A former member who made an election to become a qualified

 

participant under section 50.

 

     (b) A member who did not make the election under section 50a.

 

     (c) A member who made the election under section 50a(1) and

 

the designation under section 50a(2), who has attained 30 years of

 

credited service, and who remains employed by this state.


     (d) A former qualified participant who was a former qualified

 

participant on December 31, 2011.

 

     (6) Except as otherwise provided in this subsection, a former

 

qualified participant who has 10 or more years of service on or

 

before December 31, 2011 and who is reemployed by this state on or

 

after January 1, 2012 December 31, 2011 and before January 1, 2014

 

may make an election under this subsection and receive an amount,

 

if any, as determined under this section. Beginning on the date of

 

the former qualified participant's reemployment and ending 60 days

 

after the former qualified participant's first pay date, the

 

retirement system shall permit the former qualified participant to

 

make an election to opt out of the health insurance coverage

 

premium that would have been paid by this state under section 68

 

and opt in to the tax-deferred account provisions of this section

 

effective on or after the former qualified participant's date of

 

reemployment. If the former qualified participant does not make the

 

election under this subsection, he or she continues to be eligible

 

for the health insurance coverage premium paid by this state under

 

section 68 and is not eligible for the tax-deferred account

 

provisions of this section. A former qualified participant who

 

makes the election under this subsection ceases to accrue years of

 

service credit for purposes of calculating a portion of the health

 

insurance coverage premium that would have been paid by this state

 

under section 68 as if that section continued to apply and for

 

purposes of calculating the portion of the amount to be credited to

 

a tax-deferred account under subsection (7). This subsection does

 

not apply to any of the following:


     (a) A former member who made an election to become a qualified

 

participant under section 50.

 

     (b) A member who did not make the election under section 50a.

 

     (c) A member who made the election under section 50a(1) and

 

the designation under section 50a(2), who has attained 30 years of

 

credited service, and who remains employed by this state.

 

     (7) Except as otherwise provided in this section, in lieu of

 

any health insurance coverage premium that might have been paid by

 

this state under section 68, the retirement system shall calculate

 

an amount to be credited at termination to an appropriate tax-

 

deferred account for each qualified participant who makes an

 

election under subsection (5) or (6). The amount described in this

 

subsection shall must be an amount calculated to approximate the

 

actuarial present value as of 12 midnight March 31, 2012 of the

 

projected retirant health benefits based on the current benefit

 

structure under section 68 and the qualified participant's years of

 

service as of March 31, 2012. The amount calculated under this

 

subsection shall must be equal to the product of all of the

 

following as determined by the retirement system in consultation

 

with the actuary for the system:

 

     (a) An average monthly premium of $1,000.00, payable for the

 

life of the qualified participant, which approximates the overall

 

average value of all types of premium coverages for single and

 

multiple lives during both pre-medicare pre-Medicare and post-

 

medicare post-Medicare periods.

 

     (b) A frozen benefit accrual percent that is the product of 3%

 

and the qualified participant's years of service as of March 31,


2012, up to 30 years.

 

     (c) A deferred life annuity factor equal to the actuarial

 

present value as of March 31, 2012 of $1.00 per month payable for

 

the life of the qualified participant, based on the following

 

actuarial assumptions:

 

     (i) An Except as otherwise provided in subparagraph (ii), an

 

interest discount rate of 4% annually for all future years, which

 

approximates the use of an assumed rate of investment return or

 

interest discount rate of 8%, combined with an assumption that the

 

average premium is projected to increase 4% annually for all future

 

years.

 

     (ii) Beginning with the state fiscal year ending September

 

2021, and for each subsequent state fiscal year, an interest

 

discount rate of 4% annually for all future years, which

 

approximates the use of an assumed rate of investment return or

 

interest discount rate not to exceed 6%, combined with an

 

assumption that the average premium is projected to increase 6%

 

annually for all future years.

 

     (iii) (ii) Mortality Except as otherwise provided in this

 

subparagraph, mortality rates based on a 50% male - 50% female

 

blend of the 1994 group annuity mortality table set forward 1 year

 

for both males and females. Beginning with the state fiscal year

 

ending September 30, 2021, and for each subsequent fiscal year, the

 

most recent mortality assumptions provided by the Actuarial

 

Standards Board and adopted as risk assumptions by the actuary must

 

be used.

 

     (iv) (iii) Commencement of the $1.00 per month deferred life


annuity based on an assumption that the qualified participant will

 

terminate employment upon on reaching age 60 and that the qualified

 

participant would have received health insurance coverage

 

immediately upon on termination of employment.

 

     (8) The amount calculated under subsection (7) shall must be

 

adjusted annually from March 31, 2012 to the date of the qualified

 

participant's actual termination of employment. Except as otherwise

 

provided in this subsection, the retirement system shall establish

 

the amount of the annual adjustment to be equal to the change in

 

the medical care component of the United States consumer price

 

index Consumer Price Index for the most recent 12-month period for

 

which data are available from the bureau of labor statistics Bureau

 

of Labor Statistics of the United States department Department of

 

labor. Labor. The adjustment under this subsection shall must not

 

be less than 0% and shall must not be more than 4%.

 

     (9) The amount calculated under subsection (7) and adjusted

 

under subsection (8) shall must be credited at the qualified

 

participant's first termination of employment following December

 

31, 2011, to the qualified participant's tax–deferred account

 

according to the following schedule:

 

     (a) One hundred percent of the calculated amount to a

 

qualified participant who is at least 60 years of age with at least

 

10 years of service or is at least 55 years of age with at least 30

 

years of service.

 

     (b) Fifty percent of the calculated amount to a qualified

 

participant who has at least 10 years of service and who does not

 

meet the age and service qualifications of subdivision (a).


     (10) An individual who is a former qualified participant on

 

December 31, 2011, who has 10 or more years of service on or before

 

December 31, 2011, and who is reemployed by this state on or after

 

January 1, 2014 shall December 31, 2013 must be treated in the same

 

manner as a qualified participant under this section who made the

 

election under subsection (5) and shall must receive an amount, if

 

any, as determined under this section. This subsection does not

 

apply to any of the following:

 

     (a) A former member who made the election to become a

 

qualified participant under section 50.

 

     (b) A member who did not make the election under section 50a.

 

     (c) A member who made the election under section 50a(1) and

 

the designation under section 50a(2), who has attained 30 years of

 

credited service, and who remains employed by this state.

 

     (11) In lieu of any other health insurance coverage that might

 

have been paid by this state, a credit to a health reimbursement

 

account within the trust created under the public employee

 

retirement health care funding act, 2010 PA 77, MCL 38.2731 to

 

38.2747, shall must be made by this state in the amounts and to the

 

qualified participants or former qualified participants as follows:

 

     (a) Two thousand dollars to a qualified participant who was

 

first employed and entered upon on the payroll of his or her

 

employer on or after January 1, 2012, December 31, 2011, who is 60

 

years of age or older, and who has at least 10 years of service at

 

his or her first termination of employment.

 

     (b) One thousand dollars to a qualified participant who was

 

first employed and entered upon on the payroll of his or her


employer on or after January 1, 2012, December 31, 2011, who is

 

less than 60 years of age, and who has at least 10 years of service

 

at his or her first termination of employment.

 

     (c) Two thousand dollars to a former qualified participant who

 

has less than 10 years of service as of December 31, 2011, who is

 

reemployed by this state on or after January 1, 2012, December 31,

 

2011, who is 60 years of age or older, and who has at least 10

 

years of service at his or her first termination of employment

 

following December 31, 2011. This subdivision does not apply to an

 

individual described in subsection (10)(a), (b), or (c).

 

     (d) One thousand dollars to a former qualified participant who

 

has less than 10 years of service as of December 31, 2011, who is

 

reemployed by this state on or after January 1, 2012, December 31,

 

2011, who is less than 60 years of age, and who has at least 10

 

years of service at his or her first termination of employment

 

following December 31, 2011. This subdivision does not apply to an

 

individual described in subsection (10)(a), (b), or (c).

 

     (e) Two thousand dollars shall be the minimum amount credited

 

to a qualified participant who made an election under subsection

 

(5) and who does not otherwise qualify for an amount or qualifies

 

for a lesser amount under this subsection at his or her first

 

termination of employment after December 31, 2011.

 

     (12) The retirement system shall determine a method to

 

implement subsections (5) to (11), including a method for crediting

 

the amounts in subsection (9) to comply with any contribution

 

limits imposed by the internal revenue code, including, but not

 

limited to, crediting of payments before termination of employment.


     (13) Subsections (5) to (11) do not apply to a qualified

 

participant who is eligible for health insurance coverage under

 

section 67a(4) or (8).

 

     (14) On or before January 1, 2017, the retirement system shall

 

provide a report to the chair of the house and senate

 

appropriations committees that provides the projected impact of

 

subsection (11) as it applies to qualified participants entered

 

upon on the payroll of this state on or after January 1, 2017

 

December 31, 2016 with regard to the annual required contribution

 

as used by the governmental accounting standards board and for

 

purposes of the annual financial statements prepared under section

 

12(1).