HOUSE BILL No. 5173

 

September 13, 2005, Introduced by Reps. Wenke, Nofs, Gosselin, Ball, Jones, Kehrl, Booher and Hildenbrand and referred to the Committee on Education.

 

     A bill to amend 1980 PA 300, entitled

 

"The public school employees retirement act of 1979,"

 

by amending sections 43b and 81 (MCL 38.1343b and 38.1381), as

 

amended by 1989 PA 194.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 43b. A member who contributes to the member investment

 

plan shall have the eligibility requirements of section 81 except  

 

as follows:

 

     (a) The  that the age 55 requirement of section 81(1)(a) shall

 

not apply.

 

     (b) The 10 years of credited service requirement of section

 

81(1)(b) shall be 5 years if the member is working as a public

 

school employee and the member received credited service in each of

 


the 5 school fiscal years immediately preceding the retirement

 

allowance effective date.

 

     Sec. 81. (1) A member who no longer is working as a public

 

school employee or in any other capacity for which service credit

 

performed in this state is allowed under this act, upon the

 

member's written application to the retirement system, shall be

 

entitled to a retirement allowance provided for in section 84 if 1

 

of the following applies:

 

     (a)  The  For members who became members before August 1,

 

2005, the member is 55 years of age or older and has 30 or more

 

years of credited service as provided under this act of which at

 

least 15 years were served as a public school employee.

 

     (b)  The  For members who became members before August 1,

 

2005, the member is 60 years of age or older and has accumulated 10

 

or more years of credited service as a public school employee.

 

     (c)  The  For members who became members before August 1,

 

2005, the member is 55 years of age or older and has 15 or more

 

years of credited service, but less than 30 years of credited

 

service of which the last 5 consecutive years are immediately

 

preceding the member's retirement allowance effective date.

 

     (d) For members who became members on or after August 1, 2005,

 

the member is 55 years of age or older and has 30 or more years of

 

credited service as provided under this act of which at least 15

 

years were actually served as a public school employee in this

 

state.

 

     (e) For members who became members on or after August 1, 2005,

 

the member is 60 years of age or older and has actually served at

 


least 10 years as a public school employee in this state.

 

     (f) For members who become members on or after August 1, 2005,

 

the member is 55 years of age and has 15 or more years of credited

 

service but less than 30 years of credited service of which at

 

least the last 10 consecutive years are service actually performed

 

as a public school employee in this state.

 

     (2) For a member who contributes to the member investment

 

plan, the eligibility requirements of subsection (1) shall be

 

modified as provided in section 43b.