September 5, 2007, Introduced by Reps. Wenke and Nitz and referred to the Committee on Government Operations.
A bill to amend 1986 PA 182, entitled
"State police retirement act of 1986,"
by amending sections 7 and 24 (MCL 38.1607 and 38.1624).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) A member of the retirement board, upon
appointment, shall take an oath of office, which shall be filed
immediately in the office of the secretary of state.
(2)
The business which the retirement board may perform
performs shall be conducted at a public meeting of the retirement
board
held in compliance with the open meetings act, Act No. 267 of
the
Public Acts of 1976, being sections 15.261 to 15.275 of the
Michigan
Compiled Laws 1976 PA 267,
MCL 15.261 to 15.275. Public
notice of the time, date, and place of the meeting shall be given
in
the manner required by Act No. 267 of the Public Acts of 1976
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A
majority of the retirement board constitutes a quorum for the
transaction of business at a meeting of the board. A member of the
retirement board who fails to attend 3 consecutive regularly
scheduled meetings of the board, without valid excuse, shall be
considered as having resigned from retirement board membership, and
the retirement board shall declare by resolution the member's
office vacated as of the date of adoption of the resolution.
(3) A writing prepared, owned, used, in the possession of, or
retained by the retirement board in the performance of an official
function shall be made available to the public in compliance with
the
freedom of information act, Act No. 442 of the Public Acts of
1976,
being sections 15.231 to 15.246 of the Michigan Compiled Laws
1976 PA 442, MCL 15.231 to 15.246.
(4) The retirement board may promulgate rules pursuant to the
administrative
procedures act of 1969, Act No. 306 of the Public
Acts
of 1969, being sections 24.201 to 24.328 of the Michigan
Compiled
Laws 1969 PA 306, MCL 24.201
to 24.328, for the
implementation and administration of this act.
(5) The retirement board shall conduct a cost analysis of the
defined benefit retirement program that shall be completed on or
before January 2, 2008. The retirement board shall implement a
retirement benefit program for parties hired on and after July 1,
2008 that has a cost no greater than a defined contribution
retirement system would have.
Sec.
24. (1) A Except as may
otherwise be provided in section
7(5), a member who has 25 years or more of credited service under
this
act or former Act No. 251 of the Public Acts of 1935 1935 PA
251, or both, may retire upon his or her written application to the
retirement board, stating a date, not less than 30 nor more than 90
days after the execution and filing of the application, he or she
desires to retire. However, a member who becomes 56 years of age
shall retire. A member retiring under this subsection shall be
entitled to receive a retirement allowance equal to 60% of his or
her final average compensation.
(2) If a retirant receiving a retirement allowance under
subsection (1) dies, the retirement allowance shall continue to be
paid to the surviving spouse of the retirant for the rest of the
spouse's life. If there is not a surviving spouse or upon the
spouse's death, then the retirement allowance shall be paid to the
children under the age of 18 of the retirant, share and share
alike. If the surviving spouse dies and there are not eligible
children, there shall be paid to the retirant's estate or his or
her legal representative any residual accumulated contributions and
interest made by the retirant into the fund.
(3) If the director of the department of state police orders
the retirement of any member eligible to retire for reason or
reasons other than having become 56 years of age, and that member
is aggrieved by the order, the member so affected shall be entitled
to appeal to the retirement board. An appeal shall be in writing
and filed with the retirement board within 30 days after receipt of
the order of retirement. The retirement board shall set the appeal
for hearing within 30 days after the filing of the appeal and shall
review the facts as presented and determine whether the order of
retirement shall continue or be revoked.