Michigan Compiled Laws

Mich. Comp. Laws § 38.35a (2026)

Election under MCL 38.50a; contribution.

✓ current as of July 2026

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STATE EMPLOYEES' RETIREMENT ACT

Act 240 of 1943

38.35a Election under MCL 38.50a; contribution.

Sec. 35a.

(1) Beginning with the first pay date after April 1, 2012 and ending upon the member's termination of employment or attainment date, as applicable under section 50a, each member who made the election under section 50a shall contribute an amount equal to 4% of his or her compensation to the employees' savings fund to provide for the amount of retirement allowance that is calculated only on the credited service and compensation received by that member after March 31, 2012. The member shall not contribute any amount under this subsection for any years of credited service accrued or compensation received before April 1, 2012.

(2) The retirement system and state budget director shall determine a method of deducting the contributions provided for in this section from the compensation of each member for each payroll and each payroll period.

(3) The state shall pick up the member contributions required by subsection (1) for all compensation received on or after April 1, 2012. Contributions picked up shall be treated as employer contributions in determining tax treatment under the internal revenue code. The state shall pay these member contributions from the same source of funds that is used in paying compensation to the member.

(4) A member is entitled to the benefit of all contributions made under this section in the same manner as provided under section 11(2).

History: Add. 2011, Act 264, Imd. Eff. Dec. 15, 2011

Compiler's Notes:

Enacting section 1 of Act 264 of 2011 provides:

"Enacting section 1. If the office of retirement services in the department of technology, management, and budget receives notification from the United States internal revenue service that any section or any portion of a section of this amendatory act will cause the retirement system to be disqualified for tax purposes under the internal revenue code, then the portion that will cause the disqualification does not apply."

Notes of Decisions

Cited in 2 cases, 2013–2015 · leading case: Michigan Coalition of State Emp. Unions v. State of Michigan, 870 N.W.2d 275 (Mich. 2015).

Sort: Relevance Newest Treatment

Michigan Coalition of State Emp. Unions v. State of Michigan, 870 N.W.2d 275 (Mich. 2015). · cites it 11× “1e, MCL 38.35a, and MCL 38.50a. Broadly speaking, the amendments (1) potentially reduce the value of overtime compensation as it factors into a member’s pension formula for future benefits, 11 and (2) require members to make an 7 Const 1963, art 11, § 5, ¶ 7 (emphasis added).”

Michigan Coalition of State Emp. Unions v. State, 302 Mich. App. 187 (Mich. Ct. App. 2013). · cites it 13× “le, MCL 38.35a, and MCL 38.50a. SERA, as amended by 2011 PA 264 , states in relevant part: Sec le.”

— Mich. Comp. Laws § 38.35a(1) — 1 case

Michigan Coalition of State Emp. Unions v. State of Michigan, 870 N.W.2d 275 (Mich. 2015). “1e, MCL 38.35a, and MCL 38.50a. Broadly speaking, the amendments (1) potentially reduce the value of overtime compensation as it factors into a member’s pension formula for future benefits, 11 and (2) require members to make an 7 Const 1963, art 11, § 5, ¶ 7 (emphasis added).”

— Mich. Comp. Laws § 38.35a(l) — 2 cases

Michigan Coalition of State Emp. Unions v. State, 302 Mich. App. 187 (Mich. Ct. App. 2013). “le, MCL 38.35a, and MCL 38.50a. SERA, as amended by 2011 PA 264 , states in relevant part: Sec le.”

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