HOUSE BILL No. 4502

March 21, 2007, Introduced by Reps. Wojno, Donigan, Young, Polidori, Bieda and Accavitti and referred to the Committee on Government Operations.

 

     A bill to amend 1943 PA 240, entitled

 

"State employees' retirement act,"

 

by amending sections 56 and 58 (MCL 38.56 and 38.58), as added by

 

1996 PA 487.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 56. (1) The state treasurer shall administer Tier 2 and

 

shall invest the assets of Tier 2. The state treasurer is the

 

fiduciary and trustee of Tier 2. The state treasurer may appoint an

 

advisory board to assist the state treasurer in carrying out his or

 

her duties as fiduciary and trustee.

 

     (2) The state treasurer shall determine the provisions and

 

procedures of Tier 2 in conformity with this act and the internal

 

revenue code.

 

     (3) The state treasurer has the exclusive authority and

 


responsibility to employ or contract with personnel and for

 

services that the state treasurer determines necessary for the

 

proper administration of and investment of assets of Tier 2,

 

including but not limited to managerial, professional, legal,

 

clerical, technical, and administrative personnel or services. The

 

state treasurer shall ensure that available categories of

 

investment offered to qualified participants, former qualified

 

participants, and refund beneficiaries include a Roth 401(k)

 

account option.

 

     Sec. 58. Each qualified participant, former qualified

 

participant, and refund beneficiary shall direct the investment of

 

the individual's accumulated employer and employee contributions

 

and earnings to 1 or more investment choices within available

 

categories of investment provided by the state treasurer. The state

 

treasurer shall ensure that the available categories of investment

 

include an option to invest in a Roth 401(k) account. The

 

limitations on the percentage of total assets for investments

 

provided in Act No. 314 of the Public Acts of 1965, being sections

 

38.1132 to 38.1140i of the Michigan Compiled Laws the public

 

employee retirement system investment act, 1965 PA 314, MCL 38.1132

 

to 38.1140m, do not apply to Tier 2.