FIRE FIGHTERS AND POLICE OFFICERS RETIREMENT ACT
Act 345 of 1937
38.551 Fire and police department pension and retirement system; retirement board, members, election, appointment, terms.
Sec. 1.
The retirement board, also referred to in this act as the pension board, created hereunder shall be known as "The retirement board" and shall be a corporate body, consisting of 5 members, which shall consist of:
(1) The treasurer of the city, village or municipality, so affected hereby.
(2) Two additional members, 1 of whom shall be an active member of and elected by a majority vote of the members of the fire department, and 1 of whom shall be an active member of and elected by a majority vote of the members of the police department under such rules and regulations as the retirement board shall adopt to govern such election. Each such member shall serve for a term of 4 years, except that in the first instance, the member elected by the police department shall serve for a term of 2 years. If in the first instance only the fire department or only the police department is included in the retirement plan, the 2 additional members shall be elected from that department and the candidate receiving the highest number of votes shall be elected for the 4-year term and the candidate receiving the second highest number of votes shall be elected for the 2-year term.
(3) Two additional members shall be appointed by the legislative body or another person or body authorized by the city or village charter to appoint administrative officials in any city or village affected by the provisions of this act.
History: 1937, Act 345, Eff. Oct. 29, 1937 ;-- Am. 1945, Act 256, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 229, Imd. Eff. June 17, 1947 ;-- CL 1948, 38.551 ;-- Am. 1951, Act 16, Imd. Eff. Mar. 30, 1951 ;-- Am. 1959, Act 105, Eff. Mar. 19, 1960
PopularName Notes:
Act 345
Notes of Decisions
Tyler v. Livonia Pub. Schs., 590 N.W.2d 560 (Mich. 1999).
· cites it 2× “101 et seq.; MSA 17.237(101) etseq. ] to a retired member shall be offset against and payable in place of benefits provided under this act.”
Kinder Morgan Michigan, LLC v. City of Jackson, 744 N.W.2d 184 (Mich. Ct. App. 2008).
“The Fire Fighters and Eolice Officers Retirement Act, 1937 FA 345, MCL 38.551 et seq., authorizes a municipality to collect property taxes (hereinafter “FA 345 taxes”) for the purpose of supporting a firefighters and police officers pension system (hereinafter “FA 345 pension”).”
Detroit News, Inc. v. Policemen & Firemen Ret. Sys. of City of Detroit, 651 N.W.2d 127 (Mich. Ct. App. 2002).
“In support of this argument, plaintiff noted that the Legislature created the retirement system in 1937 as a public pen *65 sion fund pursuant to the Fire Fighters and Police Officers Retirement Act, MCL 38.551 et seq. Defendants filed a cross-motion for summary disposition…”
Theisen v. City of Dearborn, 147 N.W.2d 720 (Mich. Ct. App. 1967).
· cites it 2× “Under this definition, are retirement funds public moneys? Authorization for municipal retirement systems is found in CL 1948 and CLS 1961, § 38.551 et seq., as last amended by PA 1963, No 57 (Stat Ann 1958 Rev and 1963 Cum Supp § 5.”
Fobar v. City of Dearborn Heights, 994 F. Supp. 878 (E.D. Mich. 1998).
“§ 38.551 et al.j (“Act 345”). Act 345 provides that the Retirement Board shall be a corporate body and is vested with the authority and fiduciary responsibility for the administration, management and operation of the Retirement System.”
Shelby Twp. Police & Fire Ret. Bd. v. Shelby Twp., 175 Mich. App. 163 (Mich. Ct. App. 1989).
“Plaintiff argues that defendants have failed to comply with the fire and police department pension and retirement act, MCL 38.551 et seq.; MSA 5.3375(1) et seq.”
Vohs v. City of Madison Heights, 299 N.W.2d 41 (Mich. Ct. App. 1980).
“Plaintiffs, who are members of the Madison Heights Police and Fire Departments, appeal from a summary judgment denying their *165 petition to compel the city to provide them with a pension option as provided in the firemen and policemen pensions act, MCL 38.551 et seq.; MSA…”
O'Connell v. Dearborn Police & Fire Pension Bd., 54 N.W.2d 301 (Mich. 1952).
“The State has recognized the propriety and desirability of fire and police department pensions by the enactment (with later amendments) of CL 1948, § 38.551 et seq. (Stat Ann 1949 Rev § 5.3375 [1] et seq.”
Moore v. City of Southfield Police Dep't, 408 N.W.2d 136 (Mich. Ct. App. 1987).
“At issue in this case is not the fact of a work-related disability; instead, we are asked to decide whether plaintiff is entitled to benefits under both the workers’ compensation act *291 and the duty-disability provision of his pension plan established pursuant to the firemen…”
Richard Maierle v. Charter Twp. of Clinton (Mich. Ct. App. 2023).
“of 1937[,]” MCL 38.551 et seq. (Act 345). During the negotiations, the Union proposed “to extend a Letter of Agreement to the current members of the Captains unit allowing the members to continue work through Full Social Security retirement age[,]” which the Township rejected.”
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