January 11, 2018, Introduced by Senators STAMAS, O'BRIEN, MACGREGOR, HILDENBRAND, HORN, JONES, KOWALL, EMMONS, ZORN, HANSEN, BRANDENBURG, KNOLLENBERG and SCHMIDT and referred to the Committee on Appropriations.
A bill to amend 1967 PA 150, entitled
"Michigan military act,"
by amending section 306 (MCL 32.706), as amended by 2013 PA 99.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 306. (1) Beginning January 1, 2011, except as otherwise
provided in this section, the adjutant general and the assistant
adjutants general who began employment on or after January 1, 2011
when
relieved under honorable circumstances shall must 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 subsection
requires
not less than 20 years active service with the national
guard
and/or National Guard or state defense force, or both.
(2)
Beginning on the effective date of the amendatory act that
added
this subsection July 2, 2013,
and subject to the limitation
provided in subsection (5), the adjutant general and the assistant
adjutants general when retired or relieved under honorable
circumstances
shall must be placed on the retired list of the
national
guard. National Guard. The adjutant general and the
assistant
adjutants general shall must
receive retirement pay equal
to the retirement pay that an officer of like grade and total years
of service would receive as indicated in appropriate federal
regulations when they are retired or honorably relieved. Subject to
subsection (3), retirement benefits will start on the date of
retirement or honorable relief from duty.
(3) Retirement under subsection (2) requires all of the
following:
(a)
Not less than 20 years active service with the national
guard
National Guard or state defense force, or both.
(b) Not less than 4 consecutive years of special duty as an
adjutant general or assistant adjutant general. However, the
requirement for serving 4 consecutive years of service as an
adjutant general or assistant adjutant general for retirement pay
is
waived if the service member is relieved due to because of a new
governor assuming office.
(c) The service member is 55 years of age or older.
(4) Any retirement pay received from the federal government
for
military service shall must
be deducted when computing the
amount to be received from this state for an adjutant general or
assistant adjutant general who retires under subsection (2). The
deduction
shall must start on the first day of the month the
officer becomes eligible for federal retirement. Once established,
the
amount of the deduction shall must
not be changed. The
retirement
benefit will be paid according to the federal
regulations
commensurate with active duty years and traditional
national
guard service time. The full-time adjutant general's and
assistant
adjutants general's service will be credited at the
equivalent
of full-time active duty service, and part-time
traditional
services will be credited to the federal military
points
system, in a manner as determined by the retirement system.
(5) Only 1 adjutant general appointed by the governor under
section 302 in any 4-year period is eligible for retirement under
subsection (2). Only 2 assistant adjutants general in any 4-year
period are eligible for retirement under subsection (2). However,
if the adjutant general or an assistant adjutant general is
mobilized pursuant to a federal mobilization and the governor
appoints a replacement adjutant general under section 302 or the
adjutant general appoints a replacement assistant adjutant general,
the replacement adjutant general or replacement assistant adjutant
general is eligible for retirement under subsection (2). If any
change or error in the records results in any member, retirant, or
beneficiary receiving from the retirement system more or less than
he or she would have been entitled to receive if the records had
been correct, the retirement system shall correct that error and,
as far as practicable, shall adjust the payment in such a manner
that the actuarial equivalent of the benefit to which that member,
retirant,
or beneficiary was correctly entitled shall will be
paid.