STATE EMPLOYEES' RETIREMENT ACT
Act 240 of 1943
38.1 Short title; meanings of words and phrases.
Sec. 1.
(1) This act shall be known and may be cited as the "state employees' retirement act".
(2) For the purposes of this act, the words and phrases defined in sections 1a to 1i have the meanings ascribed to them in those sections.
History: 1943, Act 240, Eff. July 30, 1943 ;-- Am. 1944, 1st Ex. Sess., Act 25, Imd. Eff. Feb. 29, 1944 ;-- Am. 1947, Act 351, Eff. Oct. 11, 1947 ;-- Am. 1948, 1st Ex. Sess., Act 41, Imd. Eff. May 10, 1948 ;-- CL 1948, 38.1 ;-- Am. 1951, Act 200, Imd. Eff. June 14, 1951 ;-- Am. 1955, Act 237, Imd. Eff. June 21, 1955 ;-- Am. 1958, Act 207, Imd. Eff. May 5, 1958 ;-- Am. 1962, Act 233, Eff. Mar. 28, 1963 ;-- Am. 1968, Act 111, Eff. Nov. 15, 1968 ;-- Am. 1981, Act 157, Imd. Eff. Nov. 19, 1981 ;-- Am. 1982, Act 450, Imd. Eff. Dec. 30, 1982 ;-- Am. 1985, Act 151, Imd. Eff. Nov. 12, 1985 ;-- Am. 1987, Act 57, Imd. Eff. June 23, 1987 ;-- Am. 1988, Act 338, Imd. Eff. Oct. 18, 1988 ;-- Am. 1990, Act 119, Eff. Apr. 1, 1991 ;-- Am. 1990, Act 177, Imd. Eff. July 2, 1990 ;-- Am. 1995, Act 176, Imd. Eff. Oct. 17, 1995
AdminRule Notes:
R 38.11 and R 38.12 of the Michigan Administrative Code.
Notes of Decisions
Michigan Coalition of State Emp. Unions v. State of Michigan, 870 N.W.2d 275 (Mich. 2015).
· cites it 11× “The Michigan Coalition of State Employee Unions and others brought an action in the Court of Claims against the state of Michigan and various state agencies and officers, alleging that portions of 2011 PA 264 , which amended the State Employees’ Retirement Act (SERA), MCL 38.1…”
Musselman v. Governor, 545 N.W.2d 346 (Mich. 1996).
· cites it 2× “169(20). [6] Proposal A, a combination of constitutional amendments addressing school finance and tax reform, was approved by the voters in a statewide special election on March 15, 1994.”
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010).
“In this case involving petitioner’s request for non-duty-related disability retirement status and benefits pursuant to § 24 of the State Employees’ Retirement Act (SERA), MCL 38.1 et seq., respondent, *418 the State Employees’ Retirement System (SERS), appeals by leave granted…”
Stone v. State, 651 N.W.2d 64 (Mich. 2002).
“In 1996, however, the Legislature, by amending the State Employees Retirement Act (sera), MCL 38.1 et seq., created an early retirement program of limited duration for some senior state employees.”
Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013).
“This appeal also involves the proper interpretation of the State Employees’ Retirement Act, MCL 38.1 et seq. And this Court reviews de novo the proper interpretation of statutes.”
Dussia v. Monroe Cty. Emp. Ret. Sys., 191 N.W.2d 307 (Mich. 1971).
“240 of the Public Acts of 1943, as amended, being sections 38.1 to 38.43 of the Compiled Laws of 1948, before the plan shall become effective or operative in such county.”
Monroe v. State Employees' Ret. Sys., 809 N.W.2d 453 (Mich. Ct. App. 2011).
“MCL 38.1 et seq. Given the absence of actual bias and any probability of bias, we find no due process violation.”
Galuszka v. State Employees' Ret. Sys., 693 N.W.2d 403 (Mich. Ct. App. 2005).
“However, the State Employees’ Retirement Act, MCL 38.1 et seq., does not mandate that the Board establish a specific rule setting forth the time limits for filing exceptions to a PFD or final *43 agency action on a PFD, but rather provides that “the retirement board may…”
Davis v. Dep't of Treasury, 408 N.W.2d 433 (Mich. Ct. App. 1987).
“The State Employees’ Retirement Act, MCL 38.1 et seq.; MSA 3.981(1) et seq., which predates the mita, also exempts from taxation the rig^it of a person to a pension or retirement allowance accruing pursuant to the act.”
Macomb Cnty. v. AFSCME Council 25, 818 N.W.2d 384 (Mich. Ct. App. 2011).
“” This subsection also provides that the county retirement plan may provide for financing, funding, and the payment of benefits in the same manner and to the same extent as is provided for in the state employees’ retirement act, 1943 PA 240 , MCL 38.1 to 38.69, and the municipal…”
Dussia v. Monroe Cnty. Employees Ret. Sys., 386 Mich. 244 (Mich. 1971).
“240 of the Public Acts of 1943, as amended, being sections 38.1 to 38.43 of the Compiled Laws of 1948, before the plan shall become effective or operative in such county.”
— Mich. Comp. Laws § 38.1(cc) — 1 case
— Mich. Comp. Laws § 38.1(e) — 1 case
— Mich. Comp. Laws § 38.1(y) — 1 case
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