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Home » US Law » 2022 Michigan Compiled Laws » Chapter 38 - Civil Service and Retirement » Act 100 of 2002 - Public Employee Retirement Benefit Protection Act (38.1681 - 38.1689)

Section 38.1681 – Short Title.

38.1681 Short title. Sec. 1. This act shall be known and may be cited as the “public employee retirement benefit protection act”. History: 2002, Act 100, Imd. Eff. Mar. 27, 2002

Section 38.1682 – Definitions.

38.1682 Definitions. Sec. 2. As used in this act: (a) “Department” means the department of technology, management, and budget. (b) “Employer contributions” means the amount transferred by an employer to a participating unit retirement system on behalf of members of the retirement system to pay for the actuarial accrued liabilities of the retirement system. (c) […]

Section 38.1683 – Rights Not Subject to Process of Law or Assignment.

38.1683 Rights not subject to process of law or assignment. Sec. 3. The right of a member or retirant of a retirement system to a retirement benefit shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law and shall be unassignable. History: 2002, Act 100, […]

Section 38.1684 – Rights Subject to Forfeiture and Domestic Relations Orders.

38.1684 Rights subject to forfeiture and domestic relations orders. Sec. 4. (1) The right of a member or retirant to a retirement benefit described in section 3 is subject to forfeiture under the public employee retirement benefits forfeiture act, 1994 PA 350, MCL 38.2701 to 38.2705. (2) The right of a member or retirant to […]

Section 38.1685 – Award or Order Requiring Withholding Payments; Limitations.

38.1685 Award or order requiring withholding payments; limitations. Sec. 5. If an award or order described in section 4 requires a retirement system to withhold payment of a retirement benefit or requires the retirement system to make payment or requires the individual to request that the retirement system make payment of a retirement benefit for […]

Section 38.1686 – Benefit Payments; Establishment of Arrangement and Fund.

38.1686 Benefit payments; establishment of arrangement and fund. Sec. 6. (1) A retirement system may elect by a majority vote of its governing body to establish and administer an arrangement and fund to pay accrued benefits of its members to its members to the extent that the accrued benefits paid out of the fund would […]

Section 38.1688 – Loan Eligibility; Correcting Records and Recovering Overpayments.

38.1688 Loan eligibility; correcting records and recovering overpayments. Sec. 8. (1) This act is not intended to prohibit a member or retirant from receiving a loan from the retirement system if the retirement system concludes that the member or retirant is otherwise eligible for a loan. (2) Nothing in this act shall prevent a retirement […]

Section 38.1689 – Notification of Disqualification From u.s. Internal Revenue Service.

38.1689 Notification of disqualification from U.S. internal revenue service. Sec. 9. If the department receives notification from the United States internal revenue service that this act or any portion of this act will cause any state unit to be disqualified for tax purposes under the internal revenue code, then the portion that will cause the […]