Bill Text: MI HB5570 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Retirement; pension oversight; salary cap for a public pension of employees in the general law counties; provide for. Amends secs. 17 & 22 of 1973 PA 139 (MCL 45.567 & 45.572). TIE BAR WITH: HB 5572'09

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-11-04 - Printed Bill Filed 11/04/2009 [HB5570 Detail]

Download: Michigan-2009-HB5570-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5570

 

November 3, 2009, Introduced by Rep. Miller and referred to the Committee on Labor.

 

     A bill to amend 1973 PA 139, entitled

 

"An act to provide forms of county government; to provide for

county managers and county executives and to prescribe their powers

and duties; to abolish certain departments, boards, commissions,

and authorities; to provide for transfer of certain powers and

functions; to prescribe powers of a board of county commissioners

and elected officials; to provide organization of administrative

functions; to transfer property; to retain ordinances and laws not

inconsistent with this act; to provide methods for abolition of a

unified form of county government; and to prescribe penalties and

provide remedies,"

 

by amending sections 17 and 22 (MCL 45.567 and 45.572).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17. (1) The board of county commissioners shall continue,

 

without diminution of function or authority, any board previously

 

established to administer employee retirement and pension programs

 

or may create a retirement board if none exists. A retirement board

 

may invest or reinvest the moneys thereof employee retirement and

 


pension program money.

 

     (2) Notwithstanding anything in this act to the contrary, no

 

pension paid under this section shall be paid with a pension amount

 

calculated that is based on a salary that includes overtime pay at

 

the time the pension is calculated. This subsection does not modify

 

terms relating to a pension granted under the authority of this act

 

under which a recipient of the pension retired before the effective

 

date of the amendatory act that added this subsection. If a

 

collective bargaining agreement or other binding agreement is in

 

effect on the effective date of the amendatory act that added this

 

subsection and the collective bargaining agreement or other binding

 

agreement affects a pension granted under this act, the pension

 

shall be administered in accordance with the collective bargaining

 

agreement or other binding agreement until the expiration of the

 

collective bargaining agreement or other binding agreement if there

 

is a conflict between this subsection and the collective bargaining

 

agreement or other binding agreement.

 

     Sec. 22. (1) Under an optional unified form of county

 

government all retirement and pension rights of employees provided

 

by existing law remain in full force and effect.

 

     (2) Notwithstanding anything in this act to the contrary, no

 

pension paid under this section shall be paid with a pension amount

 

calculated that is based on a salary that includes overtime pay at

 

the time the pension is calculated. This subsection does not modify

 

terms relating to a pension granted under the authority of this act

 

under which a recipient of the pension retired before the effective

 

date of the amendatory act that added this subsection. If a

 


collective bargaining agreement or other binding agreement is in

 

effect on the effective date of the amendatory act that added this

 

subsection and the collective bargaining agreement or other binding

 

agreement affects a pension granted under this act, the pension

 

shall be administered in accordance with the collective bargaining

 

agreement or other binding agreement until the expiration of the

 

collective bargaining agreement or other binding agreement if there

 

is a conflict between this subsection and the collective bargaining

 

agreement or other binding agreement.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5572(request no.

 

04599'09) of the 95th Legislature is enacted into law.

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