Bill Text: MI SB0847 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Retirement; state employees; medical examination requirement for non-duty disability retirement; eliminate for a member who is considered disabled by the department of veterans affairs. Amends secs. 24 & 33 of 1943 PA 240 (MCL 38.24 & 38.33).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-27 - Referred To Committee On Appropriations [SB0847 Detail]
Download: Michigan-2017-SB0847-Introduced.html
SENATE BILL No. 847
February 27, 2018, Introduced by Senator KNEZEK and referred to the Committee on Appropriations.
A bill to amend 1943 PA 240, entitled
"State employees' retirement act,"
by amending sections 24 and 33 (MCL 38.24 and 38.33), section 24 as
amended by 2002 PA 93 and section 33 as amended by 2004 PA 109.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24. (1) Except as may otherwise be provided in sections
33 and 34, a member who becomes totally incapacitated for duty
because of a personal injury or disease that is not the natural and
proximate result of the member's performance of duty may be retired
if all of the following apply:
(a) The member, the member's personal representative or
guardian, the member's department head, or the state personnel
director files an application on behalf of the member with the
retirement board no later than 1 year after termination of the
member's state employment.
(b) Either of the following apply:
(i) A medical advisor conducts a medical examination of the
member and certifies in writing that the member is mentally or
physically totally incapacitated for further performance of duty,
that the incapacitation is likely to be permanent, and that the
member should be retired.
(ii) The member has a service-connected disability rating from
the United States Department of Veterans Affairs of 100%.
(c) The member has been a state employee for at least 10
years.
(2) Upon appeal to the retirement board, the retirement board,
for good cause, may accept an application for a disability
retirement allowance not later than 2 years after termination of
the member's state employment.
Sec.
33. (1) (a) The Except
as otherwise provided in
subsection
(3), the retirement board may, and upon
on the
application
of anyone an individual retired pursuant to under
section
21, 24, or 67a shall, require anyone an individual retired
under section 21, 24, or 67a who has not attained age 60 years to
undergo a medical examination. The retirement board shall not
require
a person an individual retired under section 21, 24, or 67a
to undergo more than 1 medical examination in any calendar year.
The examination is to be made by or under the direction of the
medical advisor at the retirant's place of residence or other place
mutually
agreed upon. Should anyone If
an individual retired under
section
21, 24, or 67a who has not attained age 60 years refuse
refuses
to submit to the medical examination, his
or her the
individual's disability retirement allowance or supplemental
benefit
provided for in section 67a may be discontinued until his
or
her withdrawal of the
individual withdraws the refusal. If
the
refusal continues for 1 year, the retirement board may revoke all
rights
in and to his or her the
individual's disability retirement
allowance
or supplemental benefit provided for in section 67a. may
be
revoked by the retirement board. If
upon on the medical
examination
of a person an individual retired under section 21, 24,
or
67a, the medical advisor reports and his or her the medical
advisor's report is concurred in by the retirement board, that the
person
individual retired under section 21, 24, or 67a is
physically
capable of resuming employment, he or she shall the
individual
must be restored to active service with
the this state
and his or her disability retirement allowance or supplemental
benefit
provided for in section 67a shall must cease.
(2) (b)
If the secretary reports and
certifies to the
retirement
board that a person an
individual retired under section
21, 24, or 67a is engaged in a gainful occupation paying more than
the
difference between his or her the
individual's disability
retirement
allowance and his or her the
individual's final
compensation, and if the retirement board concurs in the report,
then
his or her the individual's retirement allowance shall must be
reduced
to an amount which that together with the amount earned by
him
or her shall equal his or her the
individual equals the
individual's
final compensation. Should If the
earnings of the
person
individual retired under section 21, 24, or 67a be later is
changed,
the amount of his or her the
individual's retirement
allowance
shall must be further modified in like the same manner as
provided under this subsection.
(3) The medical examination required under subsection (1) for
an individual retired under section 24 does not apply to a member
who has a service-connected disability rating from the United
States Department of Veterans Affairs of 100%.