Michigan Compiled Laws

Mich. Comp. Laws § 38.34 (2026)

Disability retirant; reinstatement to service, service credits allowable.

✓ current as of July 2026

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STATE EMPLOYEES' RETIREMENT ACT

Act 240 of 1943

38.34 Disability retirant; reinstatement to service, service credits allowable.

Sec. 34.

A disability retirant who has been or shall be reinstated in active service, as provided in section 33, shall from the date of such reinstatement again become a member of the retirement system. Upon reinstatement of such disability retirant to active service, any balance he may have in the pension reserve fund at the time of such reinstatement to active service, shall be transferred from the pension reserve fund to the employees' savings fund and credited to his individual account in the employees' savings fund. Any service, on the basis of which his retirement allowance was computed at the time of his retirement, shall be restored to full force and effect, and, except in the case of retirement for non-duty disability as provided in section 24, he shall be given service credit for the period of time he was out of service due to such disability.

History: 1943, Act 240, Eff. July 30, 1943 ;-- Am. 1944, 1st Ex. Sess., Act 25, Imd. Eff. Feb. 29, 1944 ;-- CL 1948, 38.34 ;-- Am. 1955, Act 237, Imd. Eff. June 21, 1955

Notes of Decisions

Cited in 3 cases, 1972–2013 · leading case: Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013).

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Polania v. State Employees' Ret. Sys., 830 N.W.2d 773 (Mich. Ct. App. 2013). “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 duty may be retired if all of the following apply: (a) The member, the member’s personal…”

People v. Flenon, 202 N.W.2d 471 (Mich. Ct. App. 1972). · cites it 2× “11 Id, § 38.34, p 38-49. 9 Cantor, Traumatic Medicine and Surgery for the Attorney, § 2147, p 110.”

Nicholas v. Michigan State Employees Ret. Bd., 372 N.W.2d 685 (Mich. Ct. App. 1985). “981(33) and MCL 38.34; MSA 3.981(34), a state employee who *73 is incapacitated as a result of service to the state may be retired.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.