Bill Text: MI SB0747 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Retirement; military; computing retirement benefits paid to adjutants general; revise. Amends sec. 306 of 1967 PA 150 (MCL 32.706).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-19 - Assigned Pa 0378'18 With Immediate Effect [SB0747 Detail]
Download: Michigan-2017-SB0747-Engrossed.html
SB-0747, As Passed Senate, November 27, 2018
SUBSTITUTE FOR
SENATE BILL NO. 747
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
by amending section 306 (MCL 32.706), as amended by 2013 PA 99.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 306. (1) Beginning January 1, 2011, except as otherwise
provided in this section, the adjutant general and the assistant
adjutants general who began employment on or after January 1, 2011
when
relieved under honorable circumstances shall must receive
retirement benefits as a qualified participant under the state
employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69.
Retirement benefits will start on the date of retirement or
honorable
relief from duty. Retirement under this subsection
requires
not less than 20 years active service with the national
guard
and/or state defense force.
(2)
Beginning on the effective date of the amendatory act that
added
this subsection July 2, 2013,
and subject to the limitation
provided in subsection (5), the adjutant general and the assistant
adjutants general when retired or relieved under honorable
circumstances
shall must be placed on the retired list of the
national
guard. National Guard. The adjutant general and the
assistant
adjutants general shall must
receive retirement pay,
equal
to the retirement pay that 45%
of his or her final base pay
as provided in the United States Department of Defense Military Pay
Charts for an officer of like grade and total years of service.
would
receive as indicated in appropriate federal regulations when
they
are retired or honorably relieved. Subject
to subsection (3),
retirement benefits will start on the date of retirement or
honorable relief from duty.
(3) Retirement under subsection (2) requires all of the
following:
(a)
Not Until the effective
date of the amendatory act that
added subsection (6), not less than 20 years active service with
the
national guard National
Guard or state defense force, or both,
and beginning with the effective date of the amendatory act that
added subsection (6), not less than 20 years active service with
the National Guard.
(b) Not less than 4 consecutive years of special duty as an
adjutant general or assistant adjutant general. However, the
requirement for serving 4 consecutive years of service as an
adjutant general or assistant adjutant general for retirement pay
is
waived if the service member is relieved due to because of a new
governor assuming office.
(c) The service member is 55 years of age or older.
(4)
Any For a retirant who
retires under subsection (2) before
the effective date of the amendatory act that added subsection (6),
any retirement pay received from the federal government for
military
service shall must be deducted when computing the amount
to be received from this state for an adjutant general or assistant
adjutant general who retires under subsection (2). The deduction
shall
must start on the first day of the month the officer
becomes
eligible for federal retirement. Once established, the amount of
the
deduction shall must not be changed. The retirement benefit
will
be paid according to the federal regulations commensurate with
active
duty years and traditional national guard service time. The
full-time
adjutant general's and assistant adjutants general's
service
will be credited at the equivalent of full-time active duty
service,
and part-time traditional services will be credited to the
federal
military points system, in a manner as determined by the
retirement
system.
(5) Only 1 adjutant general appointed by the governor under
section 302 in any 4-year period is eligible for retirement under
subsection (2). Only 2 assistant adjutants general in any 4-year
period are eligible for retirement under subsection (2). However,
if the adjutant general or an assistant adjutant general is
mobilized pursuant to a federal mobilization and the governor
appoints a replacement adjutant general under section 302 or the
adjutant general appoints a replacement assistant adjutant general,
the replacement adjutant general or replacement assistant adjutant
general is eligible for retirement under subsection (2). If any
change or error in the records results in any member, retirant, or
beneficiary receiving from the retirement system more or less than
he or she would have been entitled to receive if the records had
been correct, the retirement system shall correct that error and,
as far as practicable, shall adjust the payment in such a manner
that the actuarial equivalent of the benefit to which that member,
retirant,
or beneficiary was correctly entitled shall will be
paid.
(6) The retirement pay for a retirant who first begins
receiving retirement pay under subsection (2) on or after the
effective date of the amendatory act that added this subsection is
not subject to an annual cost of living increase.
