STATE EMPLOYEES' RETIREMENT ACT
Act 240 of 1943
38.33 Disability retirant under age 60; medical examination required; reduction of retirement allowance on account of gainful employment.
Sec. 33.
(a) The retirement board may, and upon the application of anyone retired pursuant to section 21, 24, or 67a shall, require anyone retired under section 21, 24, or 67a who has not attained age 60 years to undergo a medical examination. The retirement board shall not require a person retired under section 21, 24, or 67a to undergo more than 1 medical examination in any calendar year. The examination is to be made by or under the direction of the medical advisor at the retirant's place of residence or other place mutually agreed upon. Should anyone retired under section 21, 24, or 67a who has not attained age 60 years refuse to submit to the medical examination, his or her disability retirement allowance or supplemental benefit provided for in section 67a may be discontinued until his or her withdrawal of the refusal. If the refusal continues for 1 year, all rights in and to his or her disability retirement allowance or supplemental benefit provided for in section 67a may be revoked by the retirement board. If upon the medical examination of a person retired under section 21, 24, or 67a, the medical advisor reports and his or her report is concurred in by the retirement board, that the person retired under section 21, 24, or 67a is physically capable of resuming employment, he or she shall be restored to active service with the state and his or her disability retirement allowance or supplemental benefit provided for in section 67a shall cease.
(b) If the secretary reports and certifies to the retirement board that a person retired under section 21, 24, or 67a is engaged in a gainful occupation paying more than the difference between his or her disability retirement allowance and his or her final compensation, and if the retirement board concurs in the report, then his or her retirement allowance shall be reduced to an amount which together with the amount earned by him or her shall equal his or her final compensation. Should the earnings of the person retired under section 21, 24, or 67a be later changed, the amount of his or her retirement allowance shall be further modified in like manner.
History: 1943, Act 240, Eff. July 30, 1943 ;-- CL 1948, 38.33 ;-- Am. 1955, Act 237, Imd. Eff. June 21, 1955 ;-- Am. 2002, Act 93, Imd. Eff. Mar. 27, 2002 ;-- Am. 2004, Act 109, Imd. Eff. May 20, 2004
Notes of Decisions
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010).
· cites it 12× “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…”
Nicholas v. Michigan State Employees Ret. Bd., 372 N.W.2d 685 (Mich. Ct. App. 1985).
· cites it 5× “The issue is whether MCL 38.33; MSA 3.981(33) requires that benefits be denied to a disability retirant if it is found that the retirant is capable of any service with the state.”
Dixon Road Grp. v. City of Novi, 395 N.W.2d 211 (Mich. 1986).
· cites it 3× “See also 14 McQuillin, Municipal Corporations (3d ed), § 38.33, p 125. The creation of a special assessment district through the legislative powers of a municipality enjoys a presumption of validity.”
VanZandt v. State Employees' Ret. Sys., 701 N.W.2d 214 (Mich. Ct. App. 2005).
“24, 4 read as follows: Subject to the provisions of [MCL 38.33 and 38.34], upon application of a member, or his department head, or the state personnel director, a member who has been a state employee at least 10 years becomes totally and permanently incapacitated for duty as…”
Knauss v. State Employees' Ret. Sys., 372 N.W.2d 643 (Mich. Ct. App. 1985).
· cites it 3× “In reversing the board’s denial of benefits to plaintiff, the trial judge noted that § 33(a) of the retirement act, MCL 38.33(a); MSA 3.981(33)(a), 1 allows the state to restore a disability retirant to active service if the retirant is "physically able and capable of resuming…”
Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013).
“24(1) now provides in relevant part: *332 Except as may otherwise be provided in [MCL 38.33 and MCL 38.34], 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…”
Gersbacher v. State Employees' Ret. Sys., 377 N.W.2d 334 (Mich. Ct. App. 1985).
· cites it 2× “981(21) and MCL 38.33(a); MSA 3.981(33)(a). This Court resolved the discrepancy by adopting the intermediate view which regards total disability as a relative term.”
Oneida Twp. v. Eaton Cnty. Drain Comm'r, 499 N.W.2d 390 (Mich. Ct. App. 1993).
“As noted in 14 McQuillin, Municipal Corporations (revised 3d ed), § 38.33, p 148: The total amount of the assessment must be no greater than is reasonably necessary to cover the cost of the work.”
Jackson-Rabon v. State Employees' Ret. Sys., 698 N.W.2d 157 (Mich. Ct. App. 2005).
“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 .”
Bayard v. State Employees' Ret. Sys., 372 N.W.2d 676 (Mich. Ct. App. 1985).
· cites it 2× “The board’s order concluded that, pursuant to MCL 38.33(a); MSA 3.981(33)(a), the board must terminate disability payments to the petitioner.”
— Mich. Comp. Laws § 38.33(a) — 4 cases
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010).
“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…”
Knauss v. State Employees' Ret. Sys., 372 N.W.2d 643 (Mich. Ct. App. 1985).
“In reversing the board’s denial of benefits to plaintiff, the trial judge noted that § 33(a) of the retirement act, MCL 38.33(a); MSA 3.981(33)(a), 1 allows the state to restore a disability retirant to active service if the retirant is "physically able and capable of resuming…”
Gersbacher v. State Employees' Ret. Sys., 377 N.W.2d 334 (Mich. Ct. App. 1985).
“981(21) and MCL 38.33(a); MSA 3.981(33)(a). This Court resolved the discrepancy by adopting the intermediate view which regards total disability as a relative term.”
Bayard v. State Employees' Ret. Sys., 372 N.W.2d 676 (Mich. Ct. App. 1985).
“The board’s order concluded that, pursuant to MCL 38.33(a); MSA 3.981(33)(a), the board must terminate disability payments to the petitioner.”
— Mich. Comp. Laws § 38.33(b) — 2 cases
Nason v. State Employees' Ret. Sys., 801 N.W.2d 889 (Mich. Ct. App. 2010).
“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…”
Knauss v. State Employees' Ret. Sys., 372 N.W.2d 643 (Mich. Ct. App. 1985).
“In reversing the board’s denial of benefits to plaintiff, the trial judge noted that § 33(a) of the retirement act, MCL 38.33(a); MSA 3.981(33)(a), 1 allows the state to restore a disability retirant to active service if the retirant is "physically able and capable of resuming…”
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