Bill Text: MI HB5233 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Retirement; state employees; provision relating to reemployment of certain retired state employees; modify. Amends sec. 68c of 1943 PA 240 (MCL 38.68c).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-19 - Printed Bill Filed 08/12/2009 [HB5233 Detail]

Download: Michigan-2009-HB5233-Introduced.html

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HOUSE BILL No. 5233

 

August 11, 2009, Introduced by Rep. Meadows and referred to the Committee on Labor.

 

     A bill to amend 1943 PA 240, entitled

 

"State employees' retirement act,"

 

by amending section 68c (MCL 38.68c), as added by 2007 PA 95.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 68c. (1) Except as otherwise provided in this subsection

 

section, a retirant who is receiving a retirement allowance under

 

this act and is employed by this state beginning on or after the

 

effective date of this section October 1, 2007 agrees to forfeit

 

his or her right to receive that retirement allowance during this a

 

subsequent period of state employment. The retirement system shall

 

cease payment of the retirement allowance to a retirant described

 

in this subsection during this period of state employment and shall

 

reinstate payment of the retirement allowance without recalculation

 

when the period of state employment ceases. This subsection does

 

not apply to a retirant who is employed by this state on the day

 

before the effective date of this section September 30, 2007 so

 

long as he or she remains in the position held by the retirant on

 

the day before the effective date of this section September 30,

 

2007. As used in this subsection, "employed by this state" means

 

employed directly by this state as an employee or indirectly by

 

this state through a contractual arrangement with other parties.

 

     (2) Subsection (1) does not apply to a retirant who is

 

employed, directly or indirectly, by this state and who satisfies

 

all of the following:

 

     (a) The retirant has not been employed by this state, directly

 

or indirectly, through a contractual arrangement with other parties

 

for at least 3 years.

 

     (b) The subsequent employment by this state is employment

 

other than employment in the branch or department of this state

 

from which the retirant retired.

 

     (c) Any hospitalization and medical coverage, dental coverage,

 

or vision coverage provided to the retirant while employed by this

 

state are provided only under section 20d.

 

     (3) (2) A hospital, medical-surgical, and sick care benefits

 

plan, dental plan, vision plan, and hearing plan that covers

 

retirants, retirant allowance beneficiaries, former qualified

 

participants, and health benefit dependents under this act shall

 

contain a coordination of benefits provision that provides all of

 

the following:

 

     (a) If the person covered under any of the plans is also

 

eligible for medicare, then the benefits under medicare shall be

 

determined before the health insurance benefits under this act.

 

     (b) If a person covered under any of the plans provided by

 

this act is also covered under another plan that contains a

 

coordination of benefits provision, the benefits shall be

 

coordinated as provided in the coordination of benefits act, 1984

 

PA 64, MCL 550.251 to 550.255.

 

     (c) If the person covered under any of the plans provided by

 

this act is also covered under another plan that does not contain a

 

coordination of benefits provision, the benefits under the other

 

plan shall be determined before the benefits provided pursuant to

 

this act.