HOUSE JOINT RESOLUTION P February 16, 2000, Introduced by Reps. Cameron Brown, Julian, Patterson, Faunce, Van Woerkom, Woronchak, Kowall, Hager, Vear, Birkholz, Caul, Richardville, Middaugh, Jelinek, Ruth Johnson, Shackleton, Mortimer and Ehardt and referred to the Committee on Constitutional Law and Ethics. A joint resolution proposing an amendment to the state con- stitution of 1963, by adding section 40 to article IX, to provide for the protection of the funds of the public school employees' retirement system. Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state con- stitution of 1963, to provide for the protection of the funds of the public school employees' retirement system, is proposed, agreed to, and submitted to the people of the state: 1 ARTICLE IX 2 SEC. 40. (1) THE MICHIGAN PUBLIC SCHOOL EMPLOYEES' RETIRE- 3 MENT SYSTEM CREATED BY SECTION 21 OF THE PUBLIC SCHOOL EMPLOYEES 4 RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1321, IS ESTABLISHED 5 WITHIN THE DEPARTMENT OF MANAGEMENT AND BUDGET. THE MICHIGAN 6 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM MAY RECEIVE 00784'99 KKR 2 1 APPROPRIATIONS, MONEY, OR OTHER THINGS OF VALUE. THE STATE 2 TREASURER SHALL DIRECT INVESTMENT OF THE FUNDS OF THE RETIREMENT 3 SYSTEM AND CREDIT INTEREST AND EARNINGS OF THE FUNDS OF THE 4 RETIREMENT SYSTEM TO THE RESPECTIVE RESERVES OF THE RETIREMENT 5 SYSTEM THAT EARNED THE INCOME, AS PROVIDED BY LAW. EXCEPT FOR 6 THE STATE TREASURER'S ACTIONS AUTHORIZED UNDER THIS SECTION, AN 7 EXPENDITURE OR TRANSFER OF AN ASSET, INTEREST, OR EARNINGS OF THE 8 RETIREMENT SYSTEM MAY BE MADE ONLY UPON THE AUTHORIZATION OF A 9 MAJORITY OF THE MEMBERS OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES' 10 RETIREMENT BOARD CREATED BY SECTION 22 OF THE PUBLIC SCHOOL 11 EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1322. 12 (2) THE MICHIGAN PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD 13 SHALL ADMINISTER THE MICHIGAN PUBLIC SCHOOL EMPLOYEES' RETIREMENT 14 SYSTEM AS PROVIDED IN THIS SECTION AND BY LAW. THE BOARD SHALL 15 NOT AUTHORIZE THE EXPENDITURE OR TRANSFER OF AN ASSET, INTEREST, 16 OR EARNINGS OF THE RETIREMENT SYSTEM UNLESS THE BOARD DETERMINES 17 IN ITS DISCRETION AND BY A MAJORITY VOTE THAT THE EXPENDITURE OR 18 TRANSFER IS FOR THE BENEFIT OF MEMBERS AND RETIRANTS OF THE 19 RETIREMENT SYSTEM AND THEIR SPOUSES, DEPENDENTS, AND 20 BENEFICIARIES. 21 Resolved further, That the foregoing amendment shall be sub- 22 mitted to the people of the state at the next general election in 23 the manner provided by law. 00784'99 Final page. KKR