Mich. Comp. Laws » Michigan Compiled Laws / Chapter 38 / Act 300 of 1980
Michigan Compiled Laws

Mich. Comp. Laws § 38.1381 (2026)

Retirement allowance under MCL 38.1384; application; eligibility requirements.

✓ current as of July 2026
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THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979


Act 300 of 1980


38.1381 Retirement allowance under MCL 38.1384; application; eligibility requirements.

Sec. 81.

    (1) Except as provided in section 81c, a member who no longer is working as a public school employee or in any other capacity for which service credit performed in this state is allowed under this act, upon the member's written application to the retirement system, shall be entitled to a retirement allowance provided for in section 84 if 1 of the following applies:

    (a) The member is 55 years of age or older and has 30 or more years of credited service as provided under this act of which at least 15 years were served as a public school employee.

    (b) The member is 60 years of age or older and has accumulated 10 or more years of credited service as a public school employee.

    (c) The member is 55 years of age or older and has 15 or more years of credited service, but less than 30 years of credited service of which the last 5 consecutive years are immediately preceding the member's retirement allowance effective date.

    (2) Except as provided in section 81c, for a member who contributes to the member investment plan, the eligibility requirements of subsection (1) shall be modified as provided in section 43b.

History: 1980, Act 300, Imd. Eff. Oct. 31, 1980 ;-- Am. 1985, Act 91, Imd. Eff. July 10, 1985 ;-- Am. 1989, Act 194, Imd. Eff. Aug. 25, 1989 ;-- Am. 2010, Act 75, Imd. Eff. May 19, 2010

Compiler's Notes:

    Enacting section 1 of Act 75 of 2010 provides:

    "Enacting section 1. If any section or part of a section of this act is for any reason held to be invalid or unconstitutional, the holding does not affect the validity of the remaining sections of this act or the act in its entirety."

PopularName Notes:

Act 300
Notes of Decisions
Cited in 4 cases, 1984–2015 · leading case: Aft Michigan v. State of Michigan, 866 N.W.2d 782 (Mich. 2015).
Sort: Relevance Newest Treatment
Aft Michigan v. State of Michigan, 866 N.W.2d 782 (Mich. 2015). “Members of both plans became fully vested in their benefits after 10 years of service, MCL 38.1381(l)(b); MCL 38.1343b, and monthly benefits were calculated using identical formulas.”
Musselman v. Governor, 533 N.W.2d 237 (Mich. 1995). · cites it 2× “" MCL 38.1381; MSA 15.893(191). [15] Citing cases from several jurisdictions, the Washington Supreme Court summarized the rule as follows: A retirement pension is pay withheld to induce continued faithful service.”
Jurva v. Attorney Gen., 351 N.W.2d 813 (Mich. 1984). · cites it 2× “" [6] MCL 38.1381; MSA 15.893(191) (formerly MCL 38.”
Scannell v. Michigan Pub. Sch. Employees Ret. Sys., 351 N.W.2d 285 (Mich. Ct. App. 1984). “The act requires that members have at least ten years of service to receive a retirement allowance, MCL 38.1381; MSA 15.893(191), which is based upon the member’s years of credited service, MCL 38.”
Mich. Comp. Laws § 38.1381(l)(b): 1 case
Aft Michigan v. State of Michigan, 866 N.W.2d 782 (Mich. 2015). “Members of both plans became fully vested in their benefits after 10 years of service, MCL 38.1381(l)(b); MCL 38.1343b, and monthly benefits were calculated using identical formulas.”
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