HOUSE BILL No. 6054

 

May 11, 2006, Introduced by Rep. Cushingberry 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 section 43a (MCL 38.1343a), as amended by 2002 PA 94.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 43a. (1) The contributions of a member who contributes

 

 2  to the member investment plan shall be deducted by the employer

 

 3  and remitted as employer contributions to the retirement system

 

 4  pursuant to section 42. A member who contributes to the member

 

 5  investment plan is entitled to the benefits provided in sections

 

 6  43b and 43c.

 

 7        (2) Until December 31, 1989, a member who first became a

 

 8  member on or before December 31, 1989, and who elected or elects

 

 9  on or before December 31, 1989 to contribute to the member

 


 1  investment plan shall contribute 4% of the member's compensation

 

 2  to the member investment plan and beginning January 1, 1990 shall

 

 3  contribute 3.9% of the member's compensation to the member

 

 4  investment plan.

 

 5        (3) On or before January 1, 1993, a member who first became

 

 6  a member on or before December 31, 1989, except as otherwise

 

 7  provided in subsection (4), and who did not elect to make

 

 8  contributions to the member investment plan, may irrevocably

 

 9  elect to make the contributions described in subsection (2). In

 

10  addition to making the contributions required under subsection

 

11  (2), a member who elects to make contributions to the member

 

12  investment plan under this subsection shall make a contribution

 

13  of 4% of the compensation received on or after January 1, 1987 to

 

14  December 31, 1989, and 3.9% of the compensation received on or

 

15  after January 1, 1990 to the date of the election, plus an amount

 

16  equal to the compound interest that would have accumulated on

 

17  those contributions as described in section 33, plus an amount

 

18  equal to the net actuarial cost of the additional benefits

 

19  attributable to service credited before January 1, 1987, as

 

20  determined by the retirement board. The method and timing of

 

21  payment by a member under this subsection shall be determined by

 

22  the retirement board. The contributions made under this

 

23  subsection shall be deposited into the reserve for employee

 

24  contributions.

 

25        (4) Except as otherwise provided in subsection (8), a member

 

26  who first became a member on or before December 31, 1986 but did

 

27  not perform membership service between December 31, 1986 and

 


 1  January 1, 1990, and who returns to membership service on or

 

 2  after January 1, 1990 shall make the contributions described in

 

 3  subsection (7).

 

 4        (5) Except as otherwise provided in subsection (8), a member

 

 5  who first became a member on or after January 1, 1990 shall make

 

 6  the contributions described in subsection (7).

 

 7        (6) A member who first became a member on or after January

 

 8  1, 1987 but before January 1, 1990 shall have 30 days from his or

 

 9  her first date of employment to irrevocably elect to make the

 

10  contributions described in subsection (2).

 

11        (7) Except as otherwise provided in subsection (8), a member

 

12  who first became a member on or after January 1, 1990 shall

 

13  contribute the following amounts to the member investment plan:

 

 

14 Member's annual school fiscal     Amount payable to the

15 year earned compensation          member investment plan

16 Not over $5,000.00                3% of member's compensation

17 Over $5,000.00 but not            $150.00, plus 3.6% of the excess

18      over $15,000.00                   over $5,000.00

19 Over $15,000.00                   $510.00, plus 4.3% of the excess

20                                        over $15,000.00

 

 

21        (8) A member or former member who first became a member on

 

22  or before January 1, 1990 and who previously elected not to

 

23  contribute to the member investment plan shall have 180 days from

 

24  the effective date of the amendatory act that added this

 

25  subsection to make the contributions required under subsection

 

26  (2) and any additional contributions that the retirement board

 

27  considers necessary. The retirement board shall determine the


 

 1  method and timing of payment by a member under this subsection.

 

 2        (9)  (8)  This section and sections 43b and 43c shall not

 

 3  apply until the department receives notification from the United

 

 4  States internal revenue service that contributions under this

 

 5  section picked up by the employer pursuant to section 42 shall

 

 6  not be included as gross income of the member until they are

 

 7  distributed or made available to the member, retirant, retirement

 

 8  allowance beneficiary, or refund beneficiary.