Bill Text: MI SB0541 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Public employees and officers; compensation and benefits; definition of medical benefit plan; clarify exclusion of employer funding for retirement health care benefits and include certain expenses from medical benefit plan costs. Amends sec. 2 of 2011 PA 152 (MCL 15.562).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-12-31 - Assigned Pa 0269'13 With Immediate Effect [SB0541 Detail]
Download: Michigan-2013-SB0541-Engrossed.html
SB-0541, As Passed Senate, October 8, 2013
SENATE BILL No. 541
September 25, 2013, Introduced by Senators ROBERTSON and HANSEN and referred to the Committee on Reforms, Restructuring and Reinventing.
A bill to amend 2011 PA 152, entitled
"Publicly funded health insurance contribution act,"
by amending section 2 (MCL 15.562).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Designated state official" means:
(i) For an election affecting employees and officers in the
judicial branch of state government, the state court administrator.
(ii) For an election affecting senate employees and officers,
the secretary of the senate.
(iii) For an election affecting house of representatives
employees and officers, the clerk of the house.
(iv) For an election affecting legislative council employees,
the legislative council.
(v) For an election affecting employees in the state
classified service, the civil service commission.
(vi) For an election affecting executive branch employees who
are not in the state classified service, the state employer.
(b) "Flexible spending account" means a medical expense
flexible spending account in conjunction with a cafeteria plan as
permitted under the federal internal revenue code of 1986.
(c) "Health savings account" means an account as permitted
under section 223 of the internal revenue code of 1986, 26 USC 223.
(d) "Local unit of government" means a city, village,
township, or county, a municipal electric utility system as defined
in section 4 of the Michigan energy employment act of 1976, 1976 PA
448, MCL 460.804, an authority created under chapter VIA of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.108
to 259.125c, or an authority created under 1939 PA 147, MCL 119.51
to 119.62.
(e) "Medical benefit plan" means a plan established and
maintained by a carrier, a voluntary employees' beneficiary
association described in section 501(c)(9) of the internal revenue
code of 1986, 26 USC 501, or by 1 or more public employers, that
provides for the payment of medical benefits, including, but not
limited to, hospital and physician services, prescription drugs,
and related benefits, for public employees or elected public
officials. Medical benefit plan does not include benefits provided
to individuals retired from a public employer or a public
Senate Bill No. 541 as amended October 8, 2013
employer's contributions to a fund used for the sole purpose of
funding health care benefits that are available to a public
employee or an elected public official only upon retirement or
separation from service.
<<(f) "Medical benefit plan coverage year" means the 12-month
period after the effective date of the contractual or self-insured
medical coverage plan that a public employer provides to its employees
or public officials.
(G)(f)>> "Public employer" means this state; a
local unit of
government or other political subdivision of this state; any
intergovernmental, metropolitan, or local department, agency, or
authority, or other local political subdivision; a school district,
a public school academy, or an intermediate school district, as
those terms are defined in sections 4 to 6 of the revised school
code, 1976 PA 451, MCL 380.4 to 380.6; a community college or
junior college described in section 7 of article VIII of the state
constitution of 1963; or an institution of higher education
described in section 4 of article VIII of the state constitution of
1963.
Enacting section 1. This amendatory act clarifies the original
intent of the legislature that the costs of a public employer's
medical benefit plan do not include the public employer's
contributions to a health care fund for benefits that are available
to an employee or elected official only upon retirement or
separation from service. This amendatory act is curative and
applies retroactively.