Bill Text: MI SB0847 | 2017-2018 | 99th Legislature | Introduced

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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

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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%.