February 9, 2005, Introduced by Senator STAMAS 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 6 (MCL 38.1306), as amended by 1995 PA 272.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) "Original member" means a member employed in
Michigan public schools before July 1, 1945.
(2) "Out of system public education service" means service
performed in public education meeting 1 or more of the following
requirements:
(a) Performed in other states in the United States or its
territorial possessions.
(b) Performed at the university of Michigan, Michigan state
university, Wayne state university, Grand Valley state university,
Oakland university, or Saginaw Valley university.
(c) Service purchased before January 31, 1991 and performed in
a juvenile training school operated by a county in this state.
(d) Service purchased before January 31, 1991 and performed in
a
community mental health service program operated under former
Act
No. 54 of the Public Acts of 1963 1963 PA 54 for the severely
mentally retarded in day care programs, day training programs, or
day care training programs that were transferred to an intermediate
school district by direction of the department of education.
(e)
Service Except as
otherwise provided in this
subdivision, service purchased before January 31, 1991 and
performed as an elementary or secondary teacher at a United States
armed forces military base in the United States or a foreign
country. Beginning October 1, 2005, service performed as an
elementary or secondary teacher at a United States armed forces
military base in the United States or a foreign country if the
service was performed before January 31, 1991.
(f) Service purchased before January 31, 1991 and performed as
a teacher or administrator of American nationals in overseas public
elementary or secondary schools operated by the United States
department of defense.
(g) Performed by a person who first becomes employed by an
institution of higher education described in section 4, 5, or 6 of
article VIII of the state constitution of 1963 on or after January
1, 1996.
(3) "Prior service" means service performed before July 1,
1945.
(4) Except as otherwise provided in this subsection, "public
school academy" means a public school academy established under
part
6a or 6b of the school code of 1976, Act No. 451 of the
Public
Acts of 1976, being sections 380.501 to 380.507 and 380.511
to
380.518 of the Michigan Compiled Laws 1976 PA 451, MCL 380.501
to 380.507 and 380.511 to 380.518. Public school academy does not
include any of the following:
(a) A public school academy operated by a state public
university that is not subject to the optional retirement act of
1967,
Act No. 156 of the Public Acts of 1967, being sections
38.381
to 38.388 of the Michigan Compiled Laws 1967 PA 156, MCL
38.381 to 38.388.
(b) A public school academy corporation formed by a state
public
university that is not subject to Act No. 156 of the Public
Acts
of 1967 the optional retirement act of 1967, 1967 PA
156, MCL
38.381 to 38.388.
(5) Except as otherwise provided in this subsection, "public
school employee" means an employee of a public local school
district, intermediate school district, public school academy, tax
supported community or junior college, eastern Michigan university,
central Michigan university, northern Michigan university, western
Michigan university, Ferris state university, Michigan
technological university, Lake Superior state university, or
district library as defined in section 69g if the conditions in
section 69g(1) are met for that employee. Service at Michigan
technological university shall be creditable only if the amount of
the accumulated contributions in the state employees' retirement
system
created by the state employees' retirement act, Act No. 240
of
the Public Acts of 1943, being sections 38.1 to 38.48 of the
Michigan
Compiled Laws 1943 PA 240, MCL 38.1 to 38.69, for service
is paid to the retirement system. Service at Ferris state
university shall be creditable as prior service or membership
service only if the employee was employed at Ferris state
university on a full-time basis for 2 or more years after May 17,
1949. Until January 1, 1988, public school employee also includes a
person holding a Michigan teacher certificate and serving as an
employee of the Michigan high school athletic association, other
than a person whose effective date of employment with the Michigan
high school athletic association is on or after December 31, 1986.
Public school employee includes a public school employee on an
approved leave of absence. Public school employee does not include
a person who first becomes employed by a university described in
this subsection on or after January 1, 1996.