Bill Text: MI HB5197 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Retirement; state employees; early out for certain state employees; provide for. Amends 1943 PA 240 (MCL 38.1 - 38.69) by adding sec. 46a.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2009-08-26 - Referred To Second Reading [HB5197 Detail]

Download: Michigan-2009-HB5197-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5197

 

July 14, 2009, Introduced by Reps. McDowell, Lindberg, Lahti, Sheltrown, Neumann, Calley and Nerat and referred to the Committee on Labor.

 

     A bill to amend 1943 PA 240, entitled

 

"State employees' retirement act,"

 

(MCL 38.1 to 38.69) by adding section 46a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 46a. (1) Beginning August 1, 2009 and continuing through

 

November 30, 2009, a supplemental member may retire with a

 

supplemental early retirement allowance as provided in this section

 

if the supplemental member meets both of the following conditions:

 

     (a) He or she has a combination of age and years of service

 

equal to or greater than 70.

 

     (b) Except as otherwise provided in subsection (4), on or

 

before November 30, 2009 or the effective date of his or her

 

retirement, whichever is earlier, the supplemental member files a

 

written request for retirement with the retirement board stating a

 


date not later than November 30, 2009 on which he or she wishes to

 

retire.

 

     (2) The state personnel director shall determine all questions

 

on eligibility for early retirement benefits under this section.

 

     (3) Upon his or her retirement as provided in this section, a

 

member who did not make an election under section 50 to terminate

 

membership in Tier 1 and became a qualified participant in Tier 2

 

and who is entitled to a retirement allowance under this section

 

shall receive a retirement allowance equal to the member's number

 

of years and fraction of a year of credited service multiplied by

 

2.0% of his or her final average compensation until the member

 

reaches 62 years of age. Beginning on the day the member reaches 62

 

years of age and continuing after that day, a member who is

 

entitled to a retirement allowance under this section shall receive

 

a retirement allowance equal to the member's number of years and

 

fraction of a year of credited service multiplied by 1.75% of his

 

or her final average compensation. Except for the calculation

 

provided in this subsection, the member's retirement allowance is

 

subject to section 20. The member's retirement allowance is not

 

subject to reduction pursuant to section 19(2).

 

     (4) The director of a principal department may request that

 

the effective date of retirement under this section of a member

 

employed by that department be extended to a date not later than

 

December 31, 2009. To make a request under this subsection, the

 

director shall submit a written request and the written concurrence

 

of the member to the office of the state employer and the state

 

budget office on or before December 1, 2009. Upon receipt of the

 


written request and concurrence, the office of the state employer

 

and the state budget office may extend the effective date of

 

retirement of a member otherwise eligible to retire under this

 

section to a date not later than December 31, 2009.

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