HOUSE BILL No. 4600

 

April 17, 2007, Introduced by Rep. Hammel and referred to the Committee on Government Operations.

 

     A bill to amend 1943 PA 240, entitled

 

"State employees' retirement act,"

 

(MCL 38.1 to 38.69) by adding section 49a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 49a. (1) The retirement board shall create and implement

 

a state employee health care fund for the purpose of accumulating

 

funds to provide for the funding of health care benefits to

 

retirants, former qualified participants, and other beneficiaries

 

under this act. No later than 12 months after the effective date of

 

the amendatory act that added this section, the retirement board

 

shall submit a report to the senate majority leader and the speaker

 

of the house of representatives documenting the progress toward

 

establishment and implementation of the fund. Money for the payment

 

of the health care costs for retirants, former qualified


 

participants, and beneficiaries may be provided from this fund. The

 

legislature intends that the fund be established as exempt from

 

federal taxes either as a voluntary employee benefits association

 

under section 501(c)(9) of the internal revenue code, 26 USC 501,

 

or pursuant to section 115 of the internal revenue code, 26 USC

 

115. The retirement board shall assure that the fund shall include

 

all of the following:

 

     (a) The designation of a person or persons who shall act as

 

the fund's investment fiduciary.

 

     (b) A restriction of withdrawals from the fund solely for the

 

payment of health care benefits on behalf of qualified persons and

 

the payment of the expenses of administration of the fund.

 

     (c) The designation of who is a qualified person for the

 

purposes of payment of health care benefits from the fund.

 

     (d) A determination of whether the fund will be established on

 

an actuarial basis.

 

     (2) The fund may receive money from any source, including, but

 

not limited to, contributions from members and qualified

 

participants. The legislature intends that any contributions from

 

members and qualified participants be pretax contributions for

 

federal tax purposes.

 

     (3) The investment fiduciary shall invest the fund assets in

 

accordance with the public employee retirement system investment

 

act, 1965 PA 314, MCL 38.1132 to 38.1140m.