HOUSE BILL No. 4587


     April 17, 2001, Introduced by Reps. Switalski, Wojno, Dennis, Neumann, Plakas, Gieleghem, Schauer, Pappageorge, Rich
Brown, Minore, Rivet and Bogardus and referred to the Committee on Senior Health, Security and Retirement.


        A bill to amend 1943 PA 240, entitled

   "State employees' retirement act,"

   by amending section 33 (MCL 38.33).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 33.  (1)  (a)  Once each year during the first 5 years

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      following the retirement of a member on a disability retirement

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      allowance, and at least once in every 3 year period thereafter

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      the retirement board may, and upon the retirant's application

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      shall, require any disability retirant, who has not attained age

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      60 years, to undergo a medical examination.  ; such  THE examina-

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      tion  to  SHALL be made by or under the direction of the medical

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      advisor at the  place of  residence of  said  THE retirant,
   or

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      other place mutually agreed upon.  Should  IF any disability

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      retirant, who has not attained age 60 years,  refuse  REFUSES to

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      submit to  such  THE REQUIRED medical examination,  in any such


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      period,  his OR HER disability retirement allowance may be

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      discontinued until his OR HER withdrawal of  such  THE refusal,

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      and  should such  IF THE refusal  continue  CONTINUES for 1
   year,

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      all his OR HER rights in and to his OR HER disability retirement

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      allowance may be revoked by the retirement board.  If upon  such 

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      THE medical examination of a disability retirant, the medical

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      advisor reports and his OR HER report is concurred in by the

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      retirement board, that the disability retirant is physically able

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      and capable of resuming employment, he OR SHE shall be restored

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      to active service with the state and his OR HER disability

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      retirement allowance shall cease.

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           (2)  (b) Should  IF the secretary  report  REPORTS and

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       certify  CERTIFIES to the retirement board that  such  THE
   dis-

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      ability beneficiary is engaged in a gainful occupation paying

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      more than the difference between his OR HER disability retirement

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      allowance and his OR HER final compensation, and  should  IF the

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      retirement board  concur  CONCURS in  such  THE report,
   then the

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      amount of his OR HER retirement allowance shall be reduced to an

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      amount which together with the amount earned by him OR HER shall

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      equal his OR HER final compensation.  Should  IF the earnings of

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       such  THE disability retirant  be  ARE later changed, the
   amount

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      of his OR HER retirement allowance shall be further modified  in

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      like manner  AS DESCRIBED IN THIS SECTION.

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           (3) SUBSECTION (2) DOES NOT APPLY TO A DUTY DISABILITY

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      RETIRANT WHOSE EARNINGS FROM EMPLOYMENT AND THE DISABILITY

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      RETIREMENT ALLOWANCE RECEIVED UNDER THIS ACT DO NOT EXCEED 150%

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      OF THE FEDERAL POVERTY INCOME STANDARDS AS DEFINED AND DETERMINED



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      ANNUALLY BY THE UNITED STATES OFFICE OF MANAGEMENT AND BUDGET AND

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      AS APPROVED BY THE STATE TREASURER.




















































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