December 12, 2013, Introduced by Senator JANSEN and referred to the Committee on Appropriations.
A bill to amend 1980 PA 300, entitled
"The public school employees retirement act of 1979,"
by amending sections 86 and 87 (MCL 38.1386 and 38.1387), as
amended by 2010 PA 75.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 86. (1) A member who first became a member before July 1,
2014
and whom the retirement board finds to
have become is totally
and permanently disabled for purposes of employment by his or her
reporting unit by reason of personal injury or mental or physical
illness before termination of reporting unit service and employment
shall receive a disability allowance if all of the following
requirements are met:
(a) The member has not met age and service requirements of
section 81(1)(a) or (b) or, if the member first became a member on
or after July 1, 2010, the member has not met age and service
requirements of section 81c(1).
(b) The member has at least 10 years of credited service in
effect before termination of employment.
(c) The member or reporting unit makes written application to
the retirement board not more than 12 months after the date the
member terminated public school employment.
(d)
The person member undergoes an examination by 1 or more
practicing physicians or medical officers designated by the
retirement board who certify to the retirement board that the
member is totally and permanently disabled for performing the
duties for the member's position or similar position for which the
member is qualified by reason of training, experience, or both.
(2) The retirement board may extend the application time limit
provided
in under subsection (1) not more than 24 months for a
member or deferred member who satisfies the other requirements of
subsection (1), if evidence of extenuating circumstances is
presented to the satisfaction of the retirement board.
(3) The member's disability retirement allowance shall be
computed
pursuant under to section 84. The effective date of the
disability
retirant's allowance shall be determined pursuant to
under section 83.
Sec. 87. (1) A member who first became a member before July 1,
2014
and whom the retirement board finds to
have become is totally
and permanently disabled from any gainful employment by reason of
personal injury or mental or physical illness while serving as an
employee of that reporting unit shall receive a duty disability
retirement allowance if all of the following requirements are met:
(a) The member has not met age and service requirements of
section 81(1)(a) or (b) or, if the member first became a member on
or after July 1, 2010, the member has not met age and service
requirements of section 81c(1).
(b)
The member is in receipt of receives
weekly worker's
disability compensation on account of employment by a reporting
unit.
(c) The member or reporting unit makes written application to
the retirement board not more than 12 months after the date the
member terminated public school employment.
(d) The member undergoes an examination by 1 or more
practicing physicians or medical officers designated by the
retirement board who certify to the retirement board that the
member is totally and permanently disabled for performing the
duties for the member's position for which the member is qualified
by reason of training, or experience, or both.
(2) The member's duty disability retirement allowance shall be
computed
pursuant to under section 84. The effective date of the
duty
disability retirant's allowance shall be is the first of the
month following the month in which the member terminates employment
and
is in receipt of receives weekly worker's disability
compensation. The years of service credit used in computing the
retirant's duty disability retirement allowance shall not be less
than 10 years. If the member has less than 5 consecutive years of
credited service, the average of the member's annual compensation
shall be used.
(3) Upon recovery and return to reporting unit service or upon
termination of the statutory period for the payment of a disability
retirant's worker's disability compensation, if any, arising on
account of the retirant's reporting unit service, the retirant
shall be given service credit for the period and the retirant's
disability retirement allowance shall be adjusted to include the
additional credit.