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.