Bill Text: MI HB4393 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Retirement: public school employees; service credit for unworked hours during temporary suspension of in-person instruction; provide for. Amends sec. 68 of 1980 PA 300 (MCL 38.1368).
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2021-03-03 - Bill Electronically Reproduced 03/02/2021 [HB4393 Detail]
Download: Michigan-2021-HB4393-Introduced.html
HOUSE BILL NO. 4393
A bill to amend 1980 PA 300, entitled
"The public school employees retirement act of 1979,"
by amending section 68 (MCL 38.1368), as amended by 2003 PA 175.
the people of the state of michigan enact:
Sec. 68. (1) The Subject to subsection (4), the retirement board shall grant 1 year of service credit to a member who has been employed and remunerated for services performed for not less than 1,020 hours in a school fiscal year. In determining whether a member is entitled to service credit under this subsection, the retirement system shall calculate service credit using the payroll cycle reported to the retirement system by the employer of the member. If a biweekly payroll cycle is reported, the member shall must not accrue more than 60 hours in a payroll cycle. If a semimonthly payroll cycle is reported, the member shall must not accrue more than 72 hours in a payroll cycle. If a monthly payroll cycle is reported, the member shall must not accrue more than 138 hours in a payroll cycle. If a quarterly payroll cycle is used, the member shall must not accrue more than 396 hours in a payroll cycle.
(2) A part-time member or a member employed for a fraction of the school fiscal year shall must receive service credit for full-time service on the basis of 60 or more hours per biweekly period and proportionate credit for less than 60 hours on the basis of 60 hours for full-time credit in the proportion which that the hours employed in the school fiscal year bears to 1,020 hours.
(3) In Subject to subsection (4), in computing terms of service, a year shall be is a legal fiscal year at the time and place where the service was performed. Not more than 1 year's service shall may be counted for retirement purposes in any school fiscal year.
(4) For the school fiscal year ending June 30, 2021, a member's unworked hours incurred in conjunction with a temporary suspension of in-person instruction of a reporting unit or component of a reporting unit under a qualified order or reporting unit determination is creditable as service in accordance with the regular terms and conditions that govern the member's employment, subject to the limits otherwise provided for in this act and by rule of the board, if the member is remunerated at the regular rate of pay for the unworked hours. As used in this subsection:
(a) "Qualified order" means any of the following issued or declared in response to the COVID-19 epidemic:
(i) An emergency order under section 2253 of the public health code, 1978 PA 368, MCL 333.2253.
(ii) An emergency order under section 2453 of the public health code, 1978 PA 368, MCL 333.2453.
(iii) A state of disaster or state of emergency under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421.
(b) "Reporting unit determination" means a reporting unit's determination of a method of delivering pupil instruction under section 98a of the state school aid act of 1979, 1979 PA 94, MCL 388.1698a.
