HB-6270, As Passed House, September 22, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 6270

     A bill to amend 1967 PA 150, entitled

"Michigan military act,"

by amending section 306 (MCL 32.706).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 306. The Beginning January 1, 2011, the adjutant general

and the assistant adjutants general who began employment on or

after January 1, 2011 when relieved under honorable circumstances ,

shall be placed on the retired list of the national guard. The

adjutant general and assistant adjutants general shall receive

retirement pay equal to the retirement pay which an officer of like

grade and total longevity would receive as indicated in appropriate

federal regulations when they are retired or honorably relieved.

Such retirement pay shall receive retirement benefits as a

qualified participant under the state employees' retirement act,

1943 PA 240, MCL 38.1 to 38.69. Retirement benefits will start on

the date of retirement or honorable relief from duty. Retirement

under this section requires not less than 20 years active service

with the national guard and/or state defense force. Any retirement

pay received from the federal government for military service will

be deducted when computing the amount received from the state. The

deduction shall start on the first day of the month the officer

becomes eligible for federal retirement. Once established, the

amount of the deduction shall not be changed; however, it shall not

deprive such a retired officer from receiving a total of state and

federal pay equal to that authorized to officers of like grade and

total longevity who are retired from the active federal armed

forces.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 6271 of the 95th Legislature is enacted into

law.