Bill Text: MI SB0166 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Retirement: state employees; election process to transfer certain law enforcement officers to the Michigan state police retirement system; provide for. Amends sec. 55 of 1943 PA 240 (MCL 38.55) & adds secs. 50b, 50c, 50d, 64a, 64b & 64c. TIE BAR WITH: SB 0167'23
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Engrossed) 2024-11-07 - Received On 11/07/2024 [SB0166 Detail]
Download: Michigan-2023-SB0166-Introduced.html
SENATE BILL NO. 166
A bill to amend 1943 PA 240, entitled
"State employees' retirement act,"
by amending section 55 (MCL 38.55), as amended by 2011 PA 264, and by adding sections 50b, 50c, 50d, 64a, 64b, and 64c.
the people of the state of michigan enact:
Sec. 50b. (1) Subject to subsection (4), the retirement system shall provide an opportunity for each eligible position qualified participant on October 1, 2024 to elect in writing to terminate being a qualified participant and elect to become a member of the Michigan state police retirement system created under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674. An election made by an eligible position qualified participant under this subsection is irrevocable. The retirement system shall accept written elections under this subsection from eligible position qualified participants beginning on January 1, 2024 and ending at 5 p.m. Eastern Daylight Saving Time, June 1, 2024. An eligible position qualified participant who does not make a written election or who does not file the election during the period specified in this subsection continues to be a qualified participant. An eligible position qualified participant who makes and files a written election under this subsection elects to do both of the following:
(a) Cease to be a qualified participant effective 11:59 p.m. Eastern Daylight Saving Time, May 31, 2025.
(b) Become a member of the Michigan state police retirement system created under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674.
(2) After consultation with the retirement board, the department of technology, management, and budget shall determine the method by which an eligible position qualified participant may make a written election under this section. If the eligible position qualified participant is married at the time of the election, the election is not effective unless the election is signed by the individual's spouse. However, the retirement board may waive this requirement if the spouse's signature cannot be obtained because of extenuating circumstances.
(3) An election under this section is subject to the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711.
(4) An eligible position qualified participant that is described in section 55(2)(b) or (d) is not eligible to make an election under this section.
(5) As used in this section:
(a) "Eligible position" means a position in the classified civil service with a classification of any of the following:
(i) A position described in section 45(a)(i) or (iv).
(ii) Corrections resident representative.
(iii) Corrections transportation officer.
(iv) Special alternative incarceration officer.
(b) "Eligible position qualified participant" means a qualified participant who is employed in an eligible position.
Sec. 50c. (1) Subject to subsection (4), the retirement system shall provide an opportunity for each conservation officer qualified participant on October 1, 2024 to elect in writing to terminate being a qualified participant and elect to become a member of the Michigan state police retirement system created under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674. An election made by a conservation officer qualified participant under this subsection is irrevocable. The retirement system shall accept written elections under this subsection from conservation officer qualified participants beginning on January 1, 2024 and ending at 5 p.m. Eastern Daylight Saving Time, June 1, 2024. A conservation officer qualified participant who does not make a written election or who does not file the election during the period specified in this subsection continues to be a qualified participant. A conservation officer qualified participant who makes and files a written election under this subsection elects to do all of the following:
(a) Cease to be a qualified participant effective 11:59 p.m. Eastern Daylight Saving Time, May 31, 2025.
(b) Become a member of the Michigan state police retirement system created under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674.
(2) After consultation with the retirement board, the department of technology, management, and budget shall determine the method by which a conservation officer qualified participant may make a written election under this section. If the conservation officer qualified participant is married at the time of the election, the election is not effective unless the election is signed by the individual's spouse. However, the retirement board may waive this requirement if the spouse's signature cannot be obtained because of extenuating circumstances.
(3) An election under this section is subject to the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711.
(4) A conservation officer qualified participant that is described in section 55(2)(b) or (d) is not eligible to make an election under this section.
(5) As used in this section:
(a) "Conservation officer" means that term as defined in section 1b.
(b) "Conservation officer qualified participant" means a qualified participant who is a conservation officer, other than a conservation officer described in section 48.
Sec. 50d. (1) Subject to subsection (4), the retirement system shall provide an opportunity for each state police qualified participant on October 1, 2024 to elect in writing to terminate being a qualified participant and elect to become a member of the Michigan state police retirement system created under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674. An election made by a state police qualified participant under this subsection is irrevocable. The retirement system shall accept written elections under this subsection from state police qualified participants beginning on January 1, 2024 and ending at 5 p.m. Eastern Daylight Saving Time, June 1, 2024. A state police qualified participant who does not make a written election or who does not file the election during the period specified in this subsection continues to be a qualified participant. A state police qualified participant who makes and files a written election under this subsection elects to do both of the following:
(a) Cease to be a qualified participant effective 11:59 p.m. Eastern Daylight Saving Time, May 31, 2025.
(b) Become a member of the Michigan state police retirement system created under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674.
(2) After consultation with the retirement board, the department of technology, management, and budget shall determine the method by which a state police qualified participant may make a written election under this section. If the state police qualified participant is married at the time of the election, the election is not effective unless the election is signed by the individual's spouse. However, the retirement board may waive this requirement if the spouse's signature cannot be obtained because of extenuating circumstances.
(3) An election under this section is subject to the eligible domestic relations order act, 1991 PA 46, MCL 38.1701 to 38.1711.
(4) A state police qualified participant that is described in section 55(2)(b) or (d) is not eligible to make an election under this section.
(5) As used in this section, "state police qualified participant" means a qualified participant who is a state police motor carrier or Michigan state police properties securities officer.
Sec. 55. (1) "Plan document" means the document that contains the provisions and procedures of Tier 2 in conformity with this act and the internal revenue code.
(2) "Qualified participant" means an individual who is a participant of Tier 2 and who meets 1 of the following requirements:
(a) Is first employed and entered upon on the payroll of his or her employer on or after March 31, 1997, and who before March 31, 1997 would have been eligible to be a member of Tier 1.
(b) Elects to terminate membership in Tier 1 and elects to participate in Tier 2 in the manner prescribed in section 50.
(c) Is an adjutant general or an assistant adjutant general under the Michigan military act, 1967 PA 150, MCL 32.501 to 32.851, and who is first employed as an adjutant general or assistant adjutant general on or after January 1, 2011.December 31, 2010.
(d) Was a member who did not make the election under section 50a.
(e) Was a member who made the election under section 50a(1) and the designation under section 50a(2) and who has attained 30 years of credited service or who has terminated employment and has been reemployed by this state.
(f) Was a member as described in section 50a(6), (7), or (8).
(3) "Qualified participant" does not include any of the following:
(a) An individual employed in an eligible position, as that term is defined in section 50b, to whom both of the following apply:
(i) Elects to terminate being a qualified participant under section 50b.
(ii) Is first employed and entered on the payroll before October 1, 2024.
(b) An individual employed in an eligible position, as that term is defined in section 50b, who is first employed and entered on the payroll after September 30, 2024.
(c) A conservation officer as that term is defined in section 1b, other than a conservation officer described in section 48, to whom all of the following apply:
(i) Elects to terminate being a qualified participant under section 50c.
(ii) Is first employed and entered on the payroll before October 1, 2021.
(d) A conservation officer as that term is defined in section 45, other than a conservation officer described in section 48, who is first employed and entered on the payroll on or after October 1, 2024.
(e) A state police motor carrier or Michigan state police properties securities officer to whom all of the following apply:
(i) Elects to terminate being a qualified participant under section 50d.
(ii) Is first employed and entered on the payroll before October 1, 2024.
(f) A state police motor carrier or Michigan state police properties securities officer who is first employed and entered on the payroll after September 30, 2024.
(4) (3) "Refund beneficiary" means an individual nominated by a qualified participant or a former qualified participant under section 66 to receive a distribution of the participant's accumulated balance in the manner prescribed in section 67.
(5) (4) "State treasurer" means the treasurer of this state.
(6) (5) "Tax-deferred account" means an account or accounts of existing deferred compensation plans or plans established by the retirement system, for which the retirement system has the authority to determine the membership, eligibility, terms, conditions, and other administrative and operational features. Tax-deferred account does not include a health reimbursement account for purposes other than complying with the contribution limits described in section 68b(12).
(7) (6) Except as otherwise provided in this subsection, "year of service" means each period during which a qualified participant is employed by the employer and is credited with 2,080 hours of service. The Tier 2 plan administrator and the plan document may provide for a lesser number of annual hours and a maximum number of hours per pay period for any classification of employees, provided that no but a participant shall may not receive credit for more than 1 year of service for any 12-month period of employment. Beginning January 1, 2003, full service credit shall must also be given to a participant for furlough hours, for required 1-day layoffs, for required and designated temporary layoffs, for a year in which a participant temporarily leaves employment to enter active military duty and then dies during that active military duty, and for participation in the banked leave time program. In the event If a terminated participant is reemployed, such the individual shall must retain credit for all full and partial years of service completed prior to such before the reemployment, for purposes of determining his or her vesting percentage in any employer contributions made pursuant to section 63(2) and (3) after his or her the reemployment.
Sec. 64a. An eligible position qualified participant who elects to terminate being a qualified participant under section 50b may transfer part or all of his or her contributions made to Tier 2 and, subject to the vesting schedule under section 64, transfer part or all of employer contributions made on his or her behalf to Tier 2 to purchase service credit under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674, as provided in section 24c of the state police retirement act of 1986, 1986 PA 182, MCL 38.1624c. As used in this section, "eligible position qualified participant" means that term as defined in section 50b.
Sec. 64b. A conservation officer who elects to terminate being a qualified participant under section 50c may transfer part or all of his or her contributions made to Tier 2 and, subject to the vesting schedule under section 64, transfer part or all of employer contributions made on his or her behalf to Tier 2 to purchase service credit under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674, as provided in section 24d of the state police retirement act of 1986, 1986 PA 182, MCL 38.1624d.
Sec. 64c. A state police motor carrier or Michigan state police properties securities officer who elects to terminate being a qualified participant under section 50d may transfer part or all of his or her contributions made to Tier 2 and, subject to the vesting schedule under section 64, transfer part or all of employer contributions made on his or her behalf to Tier 2 to purchase service credit under the state police retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674, as provided in section 24e of the state police retirement act of 1986, 1986 PA 182, MCL 38.1624e.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No. 165.
(b) Senate Bill No. 167.
