June 17, 2010, Introduced by Rep. LeBlanc and referred to the Committee on Military and Veterans Affairs and Homeland Security.
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
by amending sections 302 and 306 (MCL 32.702 and 32.706), section
302 as amended by 2002 PA 654.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 302. The governor shall appoint the adjutant general from
among qualified federally recognized officers of the national
guard. The adjutant general shall have served as an officer of
field or general grade in the state military establishment for not
less than 5 years before appointment. The adjutant general shall
serve at the pleasure of the governor, and unless sooner relieved,
shall
serve until the age of 64. The adjutant general shall receive
pay
and allowances equal to those of an active army or air force
officer
of like grade and service. Beginning
January 1, 2011, the
salary of the adjutant general shall be the salary that is
appropriated by the legislature. Not later than 10 days after the
appointment, the adjutant general shall file his or her
constitutional oath of office with the secretary of state.
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 Senate Bill No.____ or House Bill No. 6271(request no.
06745'10 a) of the 95th Legislature is enacted into law.