Mich. Comp. Laws » Michigan Compiled Laws / Chapter 38 / Act 240 of 1943
Michigan Compiled Laws

Mich. Comp. Laws § 38.24 (2026)

Non-duty disability retirement.

✓ current as of July 2026
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STATE EMPLOYEES' RETIREMENT ACT


Act 240 of 1943


38.24 Non-duty disability retirement.

Sec. 24.

    (1) Except as may otherwise be provided in sections 33 and 34, a member who becomes totally incapacitated for duty because of a personal injury or disease that is not the natural and proximate result of the member's performance of duty may be retired if all of the following apply:

    (a) The member, the member's personal representative or guardian, the member's department head, or the state personnel director files an application on behalf of the member with the retirement board no later than 1 year after termination of the member's state employment.

    (b) A medical advisor conducts a medical examination of the member and certifies in writing that the member is mentally or physically totally incapacitated for further performance of duty, that the incapacitation is likely to be permanent, and that the member should be retired.

    (c) The member has been a state employee for at least 10 years.

    (2) Upon appeal to the retirement board, the retirement board, for good cause, may accept an application for a disability retirement allowance not later than 2 years after termination of the member's state employment.

History: 1943, Act 240, Eff. July 30, 1943 ;-- Am. 1944, 1st Ex. Sess., Act 25, Imd. Eff. Feb. 29, 1944 ;-- CL 1948, 38.24 ;-- Am. 1955, Act 237, Imd. Eff. June 21, 1955 ;-- Am. 2002, Act 93, Imd. Eff. Mar. 27, 2002

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2005–2022 · leading case: Davis v. State Employees' Ret. Bd., 725 N.W.2d 56 (Mich. Ct. App. 2006).
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Davis v. State Employees' Ret. Bd., 725 N.W.2d 56 (Mich. Ct. App. 2006). · cites it 20× “Respondent appeals by leave granted the circuit court’s order reversing its denial of petitioner’s application for nonduty disability retirement benefits *152 under MCL 38.24. Respondent had denied the application for benefits on the basis of amended statutory-language requiring…”
VanZandt v. State Employees' Ret. Sys., 701 N.W.2d 214 (Mich. Ct. App. 2005). · cites it 13× “Respondent appeals by leave granted a circuit court opinion and order vacating its order denying petitioner’s claim for state employee nonduty disability retirement pursuant to MCL 38.24. Petitioner’s claim for nonduty disability retirement is based on depression, the onset of…”
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010). · cites it 24× “On petitioner’s appeal in the circuit court, the court reversed and remanded the case to the Board for entry of a decision awarding petitioner non-duty-related disability retirement benefits.”
Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013). · cites it 27× “Citing MCL 38.24, the hearing officer determined that a claimant cannot obtain nonduty disability benefits unless the Retirement Services’ medical advisor certifies that the claimant is permanently and totally disabled.”
Bowden v. Gannaway, 871 N.W.2d 893 (Mich. Ct. App. 2015). · cites it 7× “MCL 38.24 governs the award of those benefits to qualifying state employees.”
Monroe v. State Employees' Ret. Sys., 809 N.W.2d 453 (Mich. Ct. App. 2011). · cites it 8× “n Monroe further challenges the SERSB’s denial of her application for disability retirement benefits on the ground that MCL 38.24 obligated medical advisor Dr. Kaul to personally examine Monroe before making a recommendation concerning disability qualification, rather than…”
Wescott v. Civil Serv. Comm'n, 825 N.W.2d 674 (Mich. Ct. App. 2012). · cites it 3× “Claiming an inability to work because of the impairment, petitioner applied for nonduty disability retirement benefits under MCL 38.24 and for social security disability benefits.”
20221117_C359389_44_359389D.Opn.Pdf (Mich. Ct. App. 2022). · cites it 5× “In Polania v State Employees’ Retirement Sys, 299 Mich App 322, 324, 332 ; 830 NW2d 773 (2013), the respondent Board appealed the trial court order reversing its decision to deny the petitioner nonduty disability retirement benefits under a different statute, MCL 38.24, which…”
Jackson-Rabon v. State Employees' Ret. Sys., 698 N.W.2d 157 (Mich. Ct. App. 2005). · cites it 2× “34], a member who becomes totally incapacitated for duty because of a personal injury or disease that is not the natural and proximate result of the member’s performance of duty may be retired if all of the following apply: (a) The member .”
Linda Escott v. Pub. Sch. Employees' Ret. Bd. (Mich. Ct. App. 2017). · cites it 2× “For these reasons, the trial court erred when it determined that the Board’s interpretation of MCL 38.24(1)(b) was incorrect. Moreover, there was no dispute that the medical advisors did not certify that Polania was totally and permanently disabled.”
Michael Nason v. State Employees Ret. Bd. (Mich. 2011). “At oral argument, the parties shall address whether a member is eligible for non-duty disability retirement under MCL 38.24 if he is totally incapacitated from performing the state job from which he seeks to retire, but he is not totally incapacitated from performing other work…”
— Mich. Comp. Laws § 38.24(1) — 6 cases
Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013). “Citing MCL 38.24, the hearing officer determined that a claimant cannot obtain nonduty disability benefits unless the Retirement Services’ medical advisor certifies that the claimant is permanently and totally disabled.”
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010). “On petitioner’s appeal in the circuit court, the court reversed and remanded the case to the Board for entry of a decision awarding petitioner non-duty-related disability retirement benefits.”
Davis v. State Employees' Ret. Bd., 725 N.W.2d 56 (Mich. Ct. App. 2006). “Respondent appeals by leave granted the circuit court’s order reversing its denial of petitioner’s application for nonduty disability retirement benefits *152 under MCL 38.24. Respondent had denied the application for benefits on the basis of amended statutory-language requiring…”
Bowden v. Gannaway, 871 N.W.2d 893 (Mich. Ct. App. 2015). “MCL 38.24 governs the award of those benefits to qualifying state employees.”
Monroe v. State Employees' Ret. Sys., 809 N.W.2d 453 (Mich. Ct. App. 2011). “n Monroe further challenges the SERSB’s denial of her application for disability retirement benefits on the ground that MCL 38.24 obligated medical advisor Dr. Kaul to personally examine Monroe before making a recommendation concerning disability qualification, rather than…”
— Mich. Comp. Laws § 38.24(1)(b) — 4 cases
Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013). “Citing MCL 38.24, the hearing officer determined that a claimant cannot obtain nonduty disability benefits unless the Retirement Services’ medical advisor certifies that the claimant is permanently and totally disabled.”
Monroe v. State Employees' Ret. Sys., 809 N.W.2d 453 (Mich. Ct. App. 2011). “n Monroe further challenges the SERSB’s denial of her application for disability retirement benefits on the ground that MCL 38.24 obligated medical advisor Dr. Kaul to personally examine Monroe before making a recommendation concerning disability qualification, rather than…”
20221117_C359389_44_359389D.Opn.Pdf (Mich. Ct. App. 2022). “In Polania v State Employees’ Retirement Sys, 299 Mich App 322, 324, 332 ; 830 NW2d 773 (2013), the respondent Board appealed the trial court order reversing its decision to deny the petitioner nonduty disability retirement benefits under a different statute, MCL 38.24, which…”
Linda Escott v. Pub. Sch. Employees' Ret. Bd. (Mich. Ct. App. 2017). “For these reasons, the trial court erred when it determined that the Board’s interpretation of MCL 38.24(1)(b) was incorrect. Moreover, there was no dispute that the medical advisors did not certify that Polania was totally and permanently disabled.”
— Mich. Comp. Laws § 38.24(l)(a) — 1 case
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010). “On petitioner’s appeal in the circuit court, the court reversed and remanded the case to the Board for entry of a decision awarding petitioner non-duty-related disability retirement benefits.”
— Mich. Comp. Laws § 38.24(l)(b) — 5 cases
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010). “On petitioner’s appeal in the circuit court, the court reversed and remanded the case to the Board for entry of a decision awarding petitioner non-duty-related disability retirement benefits.”
Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013). “Citing MCL 38.24, the hearing officer determined that a claimant cannot obtain nonduty disability benefits unless the Retirement Services’ medical advisor certifies that the claimant is permanently and totally disabled.”
Bowden v. Gannaway, 871 N.W.2d 893 (Mich. Ct. App. 2015). “MCL 38.24 governs the award of those benefits to qualifying state employees.”
Wescott v. Civil Serv. Comm'n, 825 N.W.2d 674 (Mich. Ct. App. 2012). “Claiming an inability to work because of the impairment, petitioner applied for nonduty disability retirement benefits under MCL 38.24 and for social security disability benefits.”
Monroe v. State Employees' Ret. Sys., 809 N.W.2d 453 (Mich. Ct. App. 2011). “n Monroe further challenges the SERSB’s denial of her application for disability retirement benefits on the ground that MCL 38.24 obligated medical advisor Dr. Kaul to personally examine Monroe before making a recommendation concerning disability qualification, rather than…”
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