§ 38.1 Short title; meanings of words and phrases
§ 38.1a Definitions; A, B
§ 38.1b Definitions; B, C
§ 38.1c Definitions; D
§ 38.1d Definitions
§ 38.1e Definitions; F to I
§ 38.1f Definitions; M to O
§ 38.1g Definitions; P
§ 38.1h Definitions; R
§ 38.1i Definitions; S, T
§ 38.2 State employees’ retirement system; creation; administration by retirement board; rules
§ 38.3 Retirement board; appointment and terms of members
§ 38.4 Retirement board; vacancies, vacation of office
§ 38.5 Retirement board; oath; quorum; conducting business at public meeting; notice of meeting; compensation and expenses
§ 38.6 Retirement board; officers and employees
§ 38.7 Retirement system; actuarial valuation of assets and liabilities; investigation of mortality, service, and compensation of members
§ 38.8 Administrative board; investment of funds, purchase of life insurance or annuity, deposits
§ 38.9 State treasurer as custodian of retirement system funds; powers and duties
§ 38.10 Retirement board members and employees; interest in investments prohibited
§ 38.11 Employees’ savings fund, employer’s accumulation fund, annuity reserve fund, pension reserve fund, income fund, expense fund, and health insurance reserve fund; creation; health advance funding subacc
§ 38.12 Annual statement of retirement funds in custody of state treasurer; availability of report and other writings to public; request for statement of credit
§ 38.13 Membership in retirement system
§ 38.13a Blind or partially sighted licensed vending stand operators deemed employees; rights and benefits; eligibility; contribution as condition to service credit; blindness not deemed retirable disability;
§ 38.13b Credited service to include credit for service rendered to joint federal-state commission; conditions
§ 38.14 Information required of members by retirement board
§ 38.15 Original members; prior service certification
§ 38.16 Cessation of membership; reemployment
§ 38.17 Service credited from state board of control for vocational education; conditions
§ 38.17a Use of credited service acquired in employ of governmental unit; “governmental unit of the state” defined
§ 38.17b Credited service to include service rendered certain universities
§ 38.17c Retirement system service credit for period of service under county department of social services; conditions
§ 38.17d Credited service to include service rendered to department of state police or its predecessor agencies, or to court of record; conditions
§ 38.17g Parental leave; purchase of service credit
§ 38.17h Full-time service as employee with city, county, township, or village of this state; purchase of service credit
§ 38.17i Full-time service with federal government or as state employee with another state; purchase of service credit
§ 38.17j Purchase of combined total of more than 10 years prohibited; purchase of service credit in separate increments; future purchases not barred; refund; actuarial cost
§ 38.17l Purchase of additional service credit by employee of state accident fund, Michigan biologic products institute, or liquor control commission
§ 38.17m Purchase of service credit; limitation; refund
§ 38.17n City employee; transfer or purchase of service credit
§ 38.18 Credit for military or federal service; credit for prior service; conditions; computation
§ 38.19 Retirement upon written application to retirement board; retirement without reduction in retirement allowance; definitions; layoff status because agency or inpatient facility designated for closure; c
§ 38.19a Retirement upon satisfaction of certain requirements; monthly retirement allowance supplement; benefits, salary, or remuneration precluding payment under subsection (2); payment of sick leave; payment
§ 38.19b Right to retire and receive retirement allowance computed under MCL 38.20(1); application period; requirements; payment for accumulated sick leave in 60 monthly installments
§ 38.19c Right to retire and receive retirement allowance computed under MCL 38.20(1); application period; requirements; payment for accumulated sick leave in 60 monthly installments
§ 38.19d Right to retire and receive retirement allowance computed under MCL 38.20(1); application period; requirements; payment for accumulated sick leave in 60 monthly installments
§ 38.19e Right to retire and receive retirement allowance computed under MCL 38.20(1); application period; requirements; payment for amounts entitled to receive at retirement
§ 38.19f Retirement and receipt of retirement allowance; requirements; accumulated sick leave; request to extend effective date of retirement; calculation; state contract prohibited
§ 38.19g Member meeting certain requirements on or before November 1, 2002; computation of retirement allowance; payment of accumulated sick leave or annual leave; extension of effective date; participant in T
§ 38.19h Payments not tax exempt and subject to certain operations of law
§ 38.19i Retirement allowance; computation; accumulated sick leave; purchase of service credit; hiring under contract; limitation
§ 38.19j Retirement; requirements; accumulated annual leave, sick leave, and deferred leave hours; forfeiture; inclusion in calculation for determination of final average compensation; extension; request; reti
§ 38.20 Computation of retirement allowance; right to elect option; retirement before age 65; death of retirant; separation from service; department of mental health employee termination; recalculation and pa
§ 38.20a Minimum retirement allowance
§ 38.20b Increase in monthly retirement allowance; payment
§ 38.20c Supplement to retirement allowance
§ 38.20d Hospitalization, medical, dental, and vision coverage insurance premium; computation and allocation of cost savings; payment by retirement board; “retirant” defined
§ 38.20e Supplemental retirement allowance; amount; payment
§ 38.20f Supplement to retirement allowance payable on or after September 30, 1976
§ 38.20g Determining rate of investment return on retirement system assets and present value of retirement allowances; calculation and reduction of distribution income; crediting distribution units to retirant
§ 38.20h Supplemental payments for retirants or retirement allowance beneficiaries with retirement allowance effective date before October 1, 1986; future adjustments
§ 38.20i Supplement
§ 38.20j Member not making election under MCL 38.50a; calculation of retirement allowance beginning April 1, 2012; items of compensation; accumulation of service credit; member making election under MCL 38.50a
§ 38.21 Duty disability retirement
§ 38.22 Retirement for disability at age 60; service retirement allowance; crediting 10 years of service
§ 38.23 Retirement for disability before attaining age 60; benefits
§ 38.24 Non-duty disability retirement
§ 38.25 Retirement for disability
§ 38.27 Death resulting from personal injury or disease arising out of and in course of state employment; survivor benefits
§ 38.27a Retirement allowances granted under MCL 38.27; adjustment
§ 38.28 Withdrawal of member before retirement; refund of contributions; restoration on re-employment; court administrator
§ 38.29 Death before retirement; refund of contributions
§ 38.30 Withholding refund of contributions
§ 38.31 Election of regular retirement allowance or reduced retirement allowance; payment options; designation of beneficiary; effect of beneficiary’s death or divorce; request by nonduty disability retirant
§ 38.32 Remarriage of surviving spouse
§ 38.33 Disability retirant under age 60; medical examination required; reduction of retirement allowance on account of gainful employment
§ 38.34 Disability retirant; reinstatement to service, service credits allowable
§ 38.35 Contribution of 3% of employee compensation to funding account; “funding account” defined; refund of amounts contributed under subsection (1)
§ 38.35a Election under MCL 38.50a; contribution
§ 38.38 Annual level percent of payroll contribution rate; determination; basis; report; computation; amortization of unfunded actuarial accrued liability; annual appropriation to retirement system; transfer
§ 38.39a Reserves for retirement allowances; legislative determination of funds from which appropriations made
§ 38.40 Allowances, benefits, and other rights; exemption from taxation; subject to tax beginning January 1, 2012; subject to public employee retirement benefit protection act
§ 38.41 Correction of errors in payment of retirement allowances
§ 38.42 Retirement system records; falsification, penalty
§ 38.44 Rights, privileges, and benefits of vested employee
§ 38.44a Member employed by state judicial council
§ 38.45 Definitions
§ 38.46 Retirement or separation from employment of supplemental member with supplemental early retirement allowance; conditions; determination of eligibility
§ 38.47 Temporary straight life supplemental early retirement allowance; payment; computation; electing optional form of payment
§ 38.47a Report
§ 38.48 Conservation officers
§ 38.49 Administration of retirement system as qualified pension plan under internal revenue code; requirements and benefit limitations; qualified military service
§ 38.50 Election to terminate participation in Tier 1 and to participate in Tier 2; irrevocability; termination of employment; reemployment of deferred or former nonvested member; method of election; signatur
§ 38.50a Election to continue receiving credit for future service and compensation; designation; failure to make election; rescission; reemployment of former nonvested member; “attainment date” defined
§ 38.51 Transfer of lump sum amount
§ 38.52 Calculation of accrued cost savings for each fiscal year
§ 38.53 Meanings of words and phrases; definitions; A to C
§ 38.54 Definitions; E to H
§ 38.55 Definitions; P to Y
§ 38.56 State treasurer; powers and duties
§ 38.57 Hearing
§ 38.58 Investment of employer and employee contributions and earnings; direction by participant
§ 38.59 Payment of administrative expenses
§ 38.60 Other public sector retirement benefits plan; participation
§ 38.61 Election by elected or appointed official
§ 38.62 Transfer of amount; crediting and charging participant account
§ 38.63 Contributions by employer and participant
§ 38.63a Tier 2 and tax-deferred accounts; terms and conditions
§ 38.64 Tier 2; vesting requirements
§ 38.65 Crediting years of service accrued
§ 38.66 Refund beneficiary
§ 38.67 Distributions of accumulated balance
§ 38.67a Duty disability retirement allowance; supplemental benefit; health insurance coverage; exception
§ 38.68 Health insurance coverage
§ 38.68a Appropriation amount; purpose; work project; estimated completion date
§ 38.68b Participant employed on or after January 1, 2012 or making election under subsection (5) or (6); health insurance coverage; contribution to tax-deferred account; opt-out; calculation of amount under s
§ 38.68c Employment of retiree receiving retirement allowance; stopping retirement payment; applicability; “employed by this state” defined; coordination of benefits provision; exceptions to subsection (1); de
§ 38.68d Administration of changes; appropriation
§ 38.68e Appropriation
§ 38.69 Exemptions from taxation; subject to public employee retirement benefit protection law; right of setoff to recover overpayments; satisfaction of claims arising from embezzlement or fraud; correction o

Terms Used In Michigan Laws > Chapter 38 > Act 240 of 1943 - State Employees' Retirement Act

  • ACBM: means asbestos-containing building material. See Michigan Laws 338.3402
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Actual cash value: means the cost of replacing damaged or destroyed property with comparable new property, minus depreciation and obsolescence. See Michigan Laws 500.1605
  • Adverse action: means an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any personal insurance, existing or applied for. See Michigan Laws 500.2151
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alarm system: means any mechanical or electrical device, including an electronic access control system, a video monitoring system, a burglar alarm system, smoke detectors, or any other electronic system that is designed to emit an audible alarm or transmit a signal or message to a central monitoring station if it is activated and that is used to detect an unauthorized entry into a protected premises or alert other persons of the occurrence of a fire or medical emergency or the commission of an unlawful act against a person or in a protected premises. See Michigan Laws 338.2182
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • annual meeting: when applied to townships, mean the annual meeting required by law to be held on the Saturday immediately preceding the first Monday in April. See Michigan Laws 8.3d
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: means a person for which a registration statement is filed under section 3. See Michigan Laws 338.2182
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Asbestos: means a group of naturally occurring minerals that separate into fibers, including chrysotile, amosite, crocidolite, anthophyllite asbestos, tremolite asbestos, and actinolite asbestos. See Michigan Laws 338.3402
  • Asbestos model accreditation plan: means the asbestos model accreditation plan issued by the environmental protection agency, appendix C to subpart E of part 763 of title 40 of the code of federal regulations. See Michigan Laws 338.3402
  • Asbestos-related work: means an activity or task performed by a person working with asbestos in buildings, including, but not limited to, inspection, management plan development, the design or conduct of response actions, and remedial work. See Michigan Laws 338.3402
  • Assessable property: means real property in a district area other than all of the following:
  (i) Property classified as residential real property under section 34c of the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 125.981
  • Assessable property: means real property in a zone area other than real property exempt from the collection of taxes under the general property tax act, 1893 PA 206, MCL 211. See Michigan Laws 125.990
  • Assessment: means an assessment imposed under this chapter against assessable property for the benefit of the property owners. See Michigan Laws 125.990
  • Assessment revenues: means the money collected by a business improvement zone from any assessments, including any interest on the assessments. See Michigan Laws 125.990
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Association: means an association registered under section 1930. See Michigan Laws 500.1903
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the Michigan state housing development authority created in this act. See Michigan Laws 125.1411
  • Authority-aided mortgage: means a mortgage made, held, purchased, or assisted by the authority. See Michigan Laws 125.1411
  • Background check: means a criminal history check administered by a public or private entity that examines federal and state government records in a manner that allows for the successful identification of the criminal offenses listed in section 4(3)(c). See Michigan Laws 338.2182
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Blanket insurance: means insurance that provides coverage on collateral as defined in a policy issued to a creditor, without specifically listing the collateral covered. See Michigan Laws 500.1605
  • Board: means the board of directors of a business improvement zone. See Michigan Laws 125.990
  • Board: means the state board of forensic polygraph examiners. See Michigan Laws 338.1703
  • Business improvement district: means 1 or more portions of a local governmental unit or combination of contiguous portions of 2 or more local governmental units that are predominantly commercial or industrial in use. See Michigan Laws 125.981
  • Business improvement zone: means a business improvement zone created under this chapter. See Michigan Laws 125.990
  • Business relationship: means a relationship with any of the following:
    •   (i) An individual who serves as a designated school official or principal designated school official as defined by the United States citizenship and immigration services, but only when acting within the scope of authority in that capacity on behalf of the designated educational institution. See Michigan Laws 338.3453
  • Certificate of insurance: means a document, regardless of how titled or described, that is prepared by an insurer or insurance producer that is a statement or summary of an insured's property or casualty insurance coverage. See Michigan Laws 500.2270
  • certificate of reaccreditation: means a numbered document issued by the director as provided in section 13 to a person who possesses the necessary qualifications and who successfully completes the initial training and examination or refresher training required by this act. See Michigan Laws 338.3402
  • Certified public accountant: means a person licensed as a certified public accountant under article 7 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 338.822
  • CGAD: means a confidential report filed by the insurer or insurance group made in accordance with the requirements of this chapter. See Michigan Laws 500.1755
  • Chartered: means a risk retention group licensed and authorized to engage in business as a liability insurance company in a state. See Michigan Laws 500.1801
  • Chlorofluorocarbon compound: means trichloromonofluoromethane (CFCl3) (propellant 11), dichlorodifluoromethane (CF2Cl2) (propellant 12), or tetrafluorodichloroethane (C2F4Cl2) (propellant 14). See Michigan Laws 336.101
  • Client: means any person who enters into a professional employer agreement with a PEO. See Michigan Laws 338.3723
  • Coemployment relationship: means a relationship that is intended to be an ongoing relationship rather than a temporary or project-specific one, wherein the rights, duties, and obligations of an employer arising out of an employment relationship have been allocated between coemployers pursuant to a professional employer agreement. See Michigan Laws 338.3723
  • Collateral: means personal property that is pledged as security for the satisfaction of a debt. See Michigan Laws 500.1605
  • Commission: means the commission on law enforcement standards created under section 3 of the commission on law enforcement standards act, 1965 PA 203, MCL 28. See Michigan Laws 338.1052
  • Commissioner: means the director. See Michigan Laws 500.102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Community college: means a community college established under the community college act of 1966, 1966 PA 331, MCL 389. See Michigan Laws 388.513
  • Compensation: means money, donations, property, promise of payment, or anything else of value required in exchange for a person's services. See Michigan Laws 338.3453
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer forensics: means the collection, investigation, analysis, and scientific examination of data held on, or retrieved from, computers, computer networks, computer storage media, electronic devices, electronic storage media, or electronic networks, or any combination thereof. See Michigan Laws 338.822
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Consumer: means an individual who utilizes or seeks to utilize the services of an immigration clerical assistant. See Michigan Laws 338.3453
  • Consumer housing cooperative: means a nonprofit corporation incorporated pursuant to the corporation laws of this state and chapter 5. See Michigan Laws 125.1411
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Continuing education: means instructional courses designed to bring participants up to date on a particular area of knowledge or skills. See Michigan Laws 338.3702
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County: means a county within this state. See Michigan Laws 125.1411
  • court: is a n open unoccupied space on the same lot with a dwelling and bounded on 2 or more sides with the walls of the dwelling. See Michigan Laws 125.402
  • Covered employee: means an individual having a coemployment relationship with a PEO and a client who has received written notice of coemployment with the PEO and the individual has created a coemployment relationship pursuant to a professional employer agreement. See Michigan Laws 338.3723
  • Credit agreement: means the written document that sets forth the terms of the credit transaction and includes the security agreement. See Michigan Laws 500.1605
  • Credit information: means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. See Michigan Laws 500.2151
  • Credit transaction: means a transaction by the terms of which the repayment of money loaned or credit commitment made, or payment of goods, services, or properties sold or leased, is to be made at a future date or dates. See Michigan Laws 500.1605
  • Creditor: means the lender of money or vendor or lessor of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of a lender, vendor, or lessor. See Michigan Laws 500.1605
  • Creditor-placed insurance: means insurance that is purchased unilaterally by the creditor, who is the named insured, subsequent to the date of the credit transaction, providing coverage against loss, expense, or damage to collateralized personal property as a result of fire, theft, collision, or other risks of loss that would either impair a creditor's interest or adversely affect the value of collateral covered by limited dual interest insurance. See Michigan Laws 500.1605
  • Critical health problems education program: means a systematic and integrated program designed to provide appropriate learning experiences based on scientific knowledge of the human organism as it functions within its environment and designed to favorably influence the health, understanding, attitudes and practices of the individual child which will enable him to adapt to changing health problems of our society. See Michigan Laws 388.382
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data collection agency: means an agency established for the purpose of effectuating the worker's compensation data requirements of this chapter. See Michigan Laws 500.2402
  • Debtor: means the borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges, for which payment is arranged through a credit transaction. See Michigan Laws 500.1605
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deferred payment loan: means a loan that is repayable or partially repayable upon the occurrence of a specified event as determined by the authority. See Michigan Laws 125.1411
  • Department: means the department of public health. See Michigan Laws 336.101
  • Department: means the department of licensing and regulation. See Michigan Laws 338.21
  • Department: means the Michigan department of labor and economic growth. See Michigan Laws 338.822
  • Department: means the department of licensing and regulatory affairs, except that in reference to the regulation of private security police and private college security forces, department means the department of state police. See Michigan Laws 338.1052
  • Department: means department of licensing and regulatory affairs. See Michigan Laws 338.2182
  • Department: means the department of insurance and financial services. See Michigan Laws 500.102
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 338.2202
  • Department: means the department of consumer and industry services. See Michigan Laws 338.3402
  • Department: means the department of energy, labor, and economic growth. See Michigan Laws 338.3723
  • Department: means the department of education. See Michigan Laws 388.513
  • Department: means the department of licensing and regulatory affairs. See Michigan Laws 333.6230
  • Dependent: A person dependent for support upon another.
  • Designated advisory organization: means the advisory organization designated by the data collection agency pursuant to section 2407(2). See Michigan Laws 500.2402
  • Development costs: means the costs that have been approved by the authority as appropriate expenditures, and includes:
    •   (i) Payments for options to purchase properties on the proposed housing project site, deposits on contracts of purchase, or, with the prior approval of the authority, payments for the purchases of those properties. See Michigan Laws 125.1411
  • Director: means the director of the department. See Michigan Laws 338.21
  • Director: means , unless the context clearly implies a different meaning, the director of the department. See Michigan Laws 500.102
  • Director: means the director of consumer and industry services or his or her authorized representative. See Michigan Laws 338.3402
  • Director: means the director of the department. See Michigan Laws 338.3723
  • Director: means the director of the department or his or her designee. See Michigan Laws 333.6230
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District: means a business improvement district or a principal shopping district. See Michigan Laws 125.981
  • dwelling: is a ny house, building, structure, tent, shelter, trailer or vehicle, or portion thereof, (except railroad cars, on tracks or rights-of-way) which is occupied in whole or in part as the home, residence, living or sleeping place of 1 or more human beings, either permanently or transiently. See Michigan Laws 125.402
  • Elderly: means a single person who is 55 years of age or older or a household in which at least 1 member is 55 years of age or older and all other members are 50 years of age or older. See Michigan Laws 125.1411
  • Elevator journeyman: means a person who is qualified and licensed by this state to perform, or to provide supervision in the performance of, the work of installation, alteration, maintenance, repair, servicing, adjusting, inspecting, or testing of elevators. See Michigan Laws 338.2151
  • Eligible charges: means tuition and mandatory course fees, material fees, and registration fees required by an eligible institution for enrollment in an eligible course. See Michigan Laws 388.513
  • Eligible course: means a course offered by an eligible postsecondary institution that is offered for postsecondary credit; that is not offered by the school district or state approved nonpublic school in which the eligible student is enrolled, or that is offered by the school district or state approved nonpublic school but is determined by its governing board to not be available to the eligible student because of a scheduling conflict beyond the eligible student's control; that is an academic course not ordinarily taken as an activity course; that is a course that the postsecondary institution normally applies toward satisfaction of degree requirements; that is offered in whole or in part when the school district or state approved nonpublic school is in session or, if approved by the school district or state approved nonpublic school, that is offered in whole when the school district or state approved nonpublic school is not in session; that is not a hobby, craft, or recreational course; and that is in a subject area other than physical education, theology, divinity, or religious education. See Michigan Laws 388.513
  • Eligible distressed area: means any of the following:
    •   (i) An area located in a city with a population of at least 10,000, which area is either designated as a "blighted area" by a local legislative body pursuant to 1945 PA 344, MCL 125. See Michigan Laws 125.1411
  • Eligible postsecondary institution: means a state university, community college, or independent nonprofit degree-granting college or university that is located in this state and that chooses to comply with this act. See Michigan Laws 388.513
  • Eligible student: means , except as otherwise provided in this subdivision, a student enrolled in at least 1 high school class in a school district or state approved nonpublic school in this state, except a foreign exchange pupil enrolled under a cultural exchange program or a student who does not have at least 1 parent or legal guardian who is a resident of this state. See Michigan Laws 388.513
  • Eligible unauthorized insurer: means an insurer not authorized to transact insurance in this state but eligible to write insurance business under this chapter. See Michigan Laws 500.1903
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employer: means a person who employs 1 or more persons or who accepts applications for employment of persons; or an agent of an employer. See Michigan Laws 338.1703
  • Enforcing agency: means the designated officer or agency charged with responsibility for administration and enforcement of this act. See Michigan Laws 125.402a
  • Enrollee: means an individual who is entitled to receive health services under a health insurance contract, unless the context requires otherwise. See Michigan Laws 500.116
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Examinee: means an individual who is being examined, tested, or questioned by an examiner or intern for the purpose of detecting deception or verifying truthfulness. See Michigan Laws 338.1703
  • Examiner: means any person, other than an intern, who does any of the following:
    •   (i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of these matters through instrumentation or the use of a mechanical device. See Michigan Laws 338.1703
  • Executor: A male person named in a will to carry out the decedent
  • Facility: means the Michigan worker's compensation placement facility created under this chapter. See Michigan Laws 500.2303
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Family income: means all income that is included in a determination of family income under section 143(f) of the internal revenue code, 26 USC 143(f), together with the income of all adults who will reside in the residence, which income might otherwise be excluded from consideration because the individual was not expected to both live in the residence and be primarily or secondarily liable on the mortgage note. See Michigan Laws 125.1411
  • feasibility study: means an analysis which presents the expected activities and results of a risk retention group including all of the following:
    •   (i) Information sufficient to verify that a risk retention group's members are engaged in businesses or activities similar or related with respect to the liability to which the members are exposed by virtue of a related, similar, or common business, trade, product, service, premises, or operation. See Michigan Laws 500.1801
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Felony: means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony. See Michigan Laws 338.41
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Fund: means the housing development fund created by this act. See Michigan Laws 125.1411
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good moral character: when used as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state in a statute of this state or administrative rules promulgated under a statute of this state, means the propensity on the part of an individual to serve the public in the licensed area in a fair, honest, and open manner. See Michigan Laws 338.41
  • Governing board: means a board of regents, board of trustees, board of governors, board of control, or other governing body of an institution of higher education. See Michigan Laws 338.1052
  • Governing body: means in the case of a city, the council or commission of the city; in the case of a village, the council, commission, or board of trustees of the village; in the case of a township, the township board; and in the case of a county, the county board of commissioners. See Michigan Laws 125.1411
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • grantee: may be construed as including every person to whom any such interest or estate passes in like manner. See Michigan Laws 8.3e
  • group disability insurance: means voluntary disability insurance that covers 2 or more employees or members, with or without their eligible dependents, written under a master policy issued to a governmental corporation, unit, agency, or department of a governmental entity, to a corporation, copartnership, or individual employer, or, on application of an executive officer or trustee of the association, to an association that has a constitution or bylaws and that is formed in good faith for purposes other than that of obtaining insurance, and under which officers, members, employees, or classes or departments of the association may be insured for their individual benefit. See Michigan Laws 500.607
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hazardous financial condition: means that, based on its present or reasonably anticipated financial condition, a risk retention group, although not yet financially impaired or insolvent, is unlikely to be able to meet obligations to policyholders with respect to known claims and reasonably anticipated claims or to pay other obligations in the normal course of business. See Michigan Laws 500.1801
  • Health insurance policy: means an expense-incurred hospital, medical, or surgical policy, certificate, or contract. See Michigan Laws 500.608
  • Health maintenance organization: means that term as defined in section 3501. See Michigan Laws 500.106
  • Highways: means public streets, highways, and alleys. See Michigan Laws 125.981
  • Housing development: means a development that contains a significant element of housing for persons of low or moderate income and elements of other housing and commercial, recreational, industrial, communal, and educational facilities that the authority determines improve the quality of the development as it relates to housing for persons of low or moderate income. See Michigan Laws 125.1411
  • Housing project: means any of the following:
    •   (i) Residential real property developed or to be developed or receiving benefits under this act. See Michigan Laws 125.1411
  • Housing unit: means living accommodations that are intended for occupancy by up to 4 families, with a separate dwelling unit for each family, that may be site constructed or may be a mobile home or other form of manufactured housing, and with respect to which either of the following applies:
    •   (i) The owner of the housing occupies at least 1 of the dwelling units. See Michigan Laws 125.1411
  • Immigration clerical assistant: means any individual who provides or offers to provide services, for compensation, relating to any immigration matter. See Michigan Laws 338.3453
  • Immigration matter: means any matter affecting the immigrant status, nonimmigrant status, or citizenship status of any individual and includes, but is not limited to, federal or state administrative or court proceedings or the filing of accompanying documents in those proceedings, or both. See Michigan Laws 338.3453
  • in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inspection: means an activity undertaken in a school building or public and commercial building to determine the presence or location or to assess the condition of friable or nonfriable ACBM or suspected ACBM, whether by visual or physical examination or by collecting samples of material. See Michigan Laws 338.3402
  • Insurance: means any of the lines of authority in chapter 6. See Michigan Laws 500.2270
  • Insurance adjuster: means a person other than a professional investigator who, for a consideration, engages in the activities described in subdivision (e) in the course of adjusting or otherwise participating in the disposal of claims under or in connection with a policy of insurance. See Michigan Laws 338.822
  • insurance contract: means a contract of insurance, indemnity, suretyship, or annuity issued or proposed or intended for issuance by a person engaged in the business of insurance. See Michigan Laws 500.116
  • Insurance group: means , for the purpose of conducting an ORSA, insurers and affiliates included within an insurance holding company system. See Michigan Laws 500.1701
  • Insurance group: means insurers and affiliates included within an insurance holding company system. See Michigan Laws 500.1755
  • Insurance holding company system: means 2 or more affiliated persons, 1 or more of which is an insurer. See Michigan Laws 500.115
  • Insurance premium finance agreement: means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent in payment of premiums on an insurance contract together with a service charge as authorized and limited by this chapter. See Michigan Laws 500.1502
  • Insurance premium finance company: means a person engaged in the business of entering into insurance premium finance agreements. See Michigan Laws 500.1502
  • Insurance producer: means that term as defined in section 1201. See Michigan Laws 500.2270
  • Insurance producer: means that term as defined in section 1201. See Michigan Laws 500.116
  • Insurance score: means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured. See Michigan Laws 500.2151
  • Insurance tracking: means monitoring evidence of insurance on collateralized credit transactions to determine whether insurance required by the credit agreement has lapsed, and communicating with debtors concerning the status of insurance coverage. See Michigan Laws 500.1605
  • Insurer: means an individual, corporation, association, partnership, reciprocal exchange, inter-insurer, Lloyds organization, fraternal benefit society, or other legal entity, engaged or attempting to engage in the business of making insurance or surety contracts. See Michigan Laws 500.106
  • Insurer: means that term as defined in section 106. See Michigan Laws 500.1701
  • Insurer: means that term as defined in section 1701. See Michigan Laws 500.1755
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interior space: means an enclosed portion of a public and commercial building, including, but not limited to, an exterior hallway, connecting structure, portico, or mechanical system used to condition an enclosed space. See Michigan Laws 338.3402
  • Intermediate committee: means the committee for the reorganization of school districts created in this act. See Michigan Laws 388.681
  • Intermediate school district: means that term as defined in section 4 of the revised school code, MCL 380. See Michigan Laws 380.1895
  • Intermediate school district: means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.513
  • Intern: means a person who is actively engaged in an approved training program pursuant to becoming an examiner. See Michigan Laws 338.1703
  • Internal revenue code: means the United States internal revenue code of 1986. See Michigan Laws 125.1411
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investigation business: means a business that, for a fee, reward, or other consideration, engages in business or accepts employment to furnish, or subcontracts or agrees to make, or makes an investigation for the purpose of obtaining information with reference to any of the following:
    •   (i) Crimes or wrongs done or threatened against the United States or a state or territory of the United States, or any other person or legal entity. See Michigan Laws 338.822
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • lease: means a written or unwritten agreement or contract that sets forth the terms and conditions, rights and obligations of each party with respect to a residential dwelling, dwelling unit, rooming unit, building, premises, or structure that is not occupied by the owner of record. See Michigan Laws 125.526
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means legal liability for damages including costs of defense, legal costs and fees, and other claims expenses because of personal injuries, property damage, or other damage or loss, to another person resulting from or arising out of a profit or nonprofit business, trade, product, service, including professional service, a premises or operation, or an activity of a state or local government or an agency or political subdivision of a state or local government. See Michigan Laws 500.1801
  • License: includes a registration. See Michigan Laws 338.41
  • License: means a certificate, registration, or license issued by an occupational regulatory agency that allows an individual to engage in a regulated occupation or that allows an individual to use a specific title in the practice of an occupation, profession, or vocation. See Michigan Laws 338.3432
  • License: means a certificate, registration, accreditation, or license issued by an occupational regulatory agency that allows an individual to engage in a regulated occupation or that allows an individual to use a specific title or professional designation in the practice of an occupation, profession, or vocation. See Michigan Laws 338.3702
  • Licensee: means a person licensed under this act. See Michigan Laws 338.822
  • Licensee: means a person licensed under this act. See Michigan Laws 338.1052
  • Licensee: means a PEO licensed under this act. See Michigan Laws 338.3723
  • Licensee: means a premium finance company holding a license issued by the commissioner under this chapter. See Michigan Laws 500.1502
  • Licensee: means a person licensed under this chapter. See Michigan Laws 500.1903
  • Licensing board or agency: means a principal department, or a board or agency within a principal department, that issues occupational or professional licenses. See Michigan Laws 338.41
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited dividend housing corporation: means a corporation incorporated or qualified pursuant to the corporation laws of this state and chapter 6 and a limited dividend housing association organized and qualified pursuant to chapter 7. See Michigan Laws 125.1411
  • Limited dual interest insurance: means insurance purchased by the creditor to insure its interest in the collateral securing the debtor's credit transaction. See Michigan Laws 500.1605
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local governmental unit: means a city, village, or urban township. See Michigan Laws 125.981
  • Local unit of government: means a city, county, village, or township, or a special district designated by law that exercises limited government powers or powers in respect to limited government subjects. See Michigan Laws 338.2182
  • Loss ratio: means the ratio of incurred losses to earned premium. See Michigan Laws 500.1605
  • Low income or moderate income persons: means families and persons who cannot afford to pay the amounts at which private enterprise, without federally-aided mortgages or loans from the authority, is providing a substantial supply of decent, safe, and sanitary housing and who fall within income limitations set in this act or by the authority in its rules. See Michigan Laws 125.1411
  • Majority leader: see Floor Leaders
  • Manufacturer: means a person that prepares, produces, derives, propagates, compounds, processes, packages, or repackages a drug or device salable on prescription only, or otherwise changes the container or the labeling of a drug or device salable on prescription only, and that supplies, distributes, sells, offers for sale, barters, or otherwise disposes of that drug or device and any other drug or device salable on prescription only, to another person for resale, compounding, or dispensing. See Michigan Laws 333.17706
  • Michigan merit examination: means that examination developed under section 1279g of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.513
  • Mobile home: means a structure, transportable in 1 or more sections, that is built on a chassis and is designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. See Michigan Laws 125.1411
  • Mobile home condominium project: means a condominium project in which mobile homes are intended to be located upon separate sites that constitute individual condominium units and that complies with the condominium act, 1978 PA 59, MCL 559. See Michigan Laws 125.1411
  • Mobile home park: means a parcel or tract of land under the control of a person or entity upon which 3 or more mobile homes are located on a continual, nonrecreational, residential basis and that is offered to the public for general public use for continual, nonrecreational, residential purposes regardless of whether a charge is made for that use, together with any social, recreational, commercial, and communal facilities used or intended for use incident to the occupancy of a mobile home. See Michigan Laws 125.1411
  • Mobile home park association: means a mobile home park association organized and qualified in accordance with chapter 9. See Michigan Laws 125.1411
  • Mobile home park corporation: means a corporation incorporated pursuant to the corporation laws of this state and qualified in accordance with chapter 8. See Michigan Laws 125.1411
  • Moderate cost residential rental property: means dwelling units for which the rental payments are equal to or less than that established from time to time as the fair market rents for existing housing in accordance with 1 of the following:
    •   (i) The section 8 leased housing program established under section 8 of the United States housing act of 1937, 42 USC 1437f, and the regulations promulgated under that act, or a substantially equivalent successor federal program. See Michigan Laws 125.1411
  • month: means a calendar month; the word "year" a calendar year; and the word "year" alone shall be equivalent to the words "year of our Lord". See Michigan Laws 8.3j
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage lender: means a state or national bank, state or federal savings and loan association, mortgage company, insurance company, state pension fund, or any other financial institution, intermediary, or entity authorized to make mortgage loans in this state. See Michigan Laws 125.1411
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: means a city, village, or township in this state. See Michigan Laws 125.1411
  • NAIC: means the National Association of Insurance Commissioners. See Michigan Laws 500.1701
  • NAIC: means that term as defined in section 1701. See Michigan Laws 500.1755
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Net debt: means the amount necessary to liquidate the remaining debt in a single lump-sum payment, excluding all unearned interest and other unearned charges. See Michigan Laws 500.1605
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonhydrogenated: means containing no hydrogen. See Michigan Laws 336.101
  • Nonprofit corporation: means a nonprofit corporation organized under the nonprofit corporation act, 1982 PA 162, MCL 450. See Michigan Laws 125.990
  • Nonprofit housing corporation: means a nonprofit corporation incorporated under the corporation laws of this state and chapter 4. See Michigan Laws 125.1411
  • Oath: A promise to tell the truth.
  • oath: shall be construed to include the word "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases the word "sworn" shall be construed to include the word "affirmed". See Michigan Laws 8.3k
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational code: means 1980 PA 299, MCL 339. See Michigan Laws 338.2202
  • Occupational regulatory agency: means a department, bureau, or agency of this state that has regulatory authority over a regulated occupation. See Michigan Laws 338.3432
  • Occupational regulatory agency: means a department, bureau, or agency of this state that has regulatory authority over a regulated occupation. See Michigan Laws 338.3702
  • Operator: means an employee or independent contractor who performs alarm operator, dispatcher, or monitor functions for a security alarm system at a central monitoring station. See Michigan Laws 338.2182
  • ORSA: means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group, conducted by the insurer or insurance group, of the material and relevant risks associated with the insurer or insurance group's current business plan, and the sufficiency of capital resources to support those risks. See Michigan Laws 500.1701
  • ORSA guidance manual: means the own risk and solvency assessment guidance manual as adopted and prescribed by the director. See Michigan Laws 500.1701
  • ORSA summary report: means a confidential high-level summary of an insurer or insurance group's ORSA. See Michigan Laws 500.1701
  • Out-of-state college: means a state university, community college, or independent nonprofit degree-granting college or university that is located in another state and that is legally established under the laws of that other state. See Michigan Laws 388.513
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Ozone: means an allotropic, triatomic form of oxygen, chemically described as O3. See Michigan Laws 336.101
  • Participating member: means an insurer who is a member of the facility and who in any given calendar year has a participation ratio greater than zero in the facility for that year. See Michigan Laws 500.2303
  • Participation ratio: means the ratio of the participating member's voluntary Michigan worker's compensation premiums to the comparable statewide totals of all participating members. See Michigan Laws 500.2303
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • PEO group: means 2 or more PEOs that are majority owned or commonly controlled by the same entity, parent, or controlling person. See Michigan Laws 338.3723
  • Person: means an individual, partnership, corporation, limited liability company, association, or other legal entity. See Michigan Laws 125.990
  • person: includes a corporation as well as a natural person. See Michigan Laws 125.402
  • Person: means an individual, limited liability company, corporation, or other legal entity. See Michigan Laws 338.1052
  • Person: means any natural person, firm, association, partnership, or corporation. See Michigan Laws 338.1703
  • Person: means an individual, partnership, corporation, limited liability company, or other legal entity. See Michigan Laws 338.2182
  • Person: means an individual, partnership, association, corporation, public or private agency, or other legal entity. See Michigan Laws 338.3402
  • Person: means any individual, partnership, corporation, limited liability company, association, or any other legal entity. See Michigan Laws 338.3723
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • Personal property: All property that is not real property.
  • Personal risk liability: means liability for damages because of personal injury, property damage, or other loss or damage, to any person resulting from a personal, family, or household responsibility or activity, and not from responsibilities or activities described under subdivision (c). See Michigan Laws 500.1801
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • Principal department: means a department that has jurisdiction over a licensing board or agency. See Michigan Laws 338.41
  • Principal shopping district: means a portion of a local governmental unit designated by the governing body of the local governmental unit that is predominantly commercial and that contains at least 10 retail businesses. See Michigan Laws 125.981
  • Private college security force: means a security force authorized under section 37. See Michigan Laws 338.1052
  • Private security guard: means an individual or an employee of an employer who offers, for hire, to provide protection of property on the premises of another, and includes an employee of a private college security force. See Michigan Laws 338.1052
  • Private security police: means that part of a business organization or educational institution primarily responsible for the protection of property on the premises of the business organization, but does not include a private college security force. See Michigan Laws 338.1052
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Producer: means a person who receives a commission for insurance placed or written or who, on behalf of an insurer or creditor, solicits, negotiates, effects, procures, delivers, renews, continues, or binds policies of insurance to which this chapter applies, but does not include the following:
    •   (i) A regular salaried officer, employee, or other representative of an insurer who devotes substantially all working time to activities other than those specified in this subdivision and who receives no compensation that is directly dependent on the amount of insurance business written. See Michigan Laws 500.1605
  • Professional employer agreement: means a written contract by and between a client and a PEO that provides for the following:
    •   (i) Coemployment of covered employees. See Michigan Laws 338.3723
  • professional employer organization: means any person engaged in the business of providing professional employer services regardless of its use of a descriptive term other than "professional employer organization" or "PEO". See Michigan Laws 338.3723
  • Professional engineer: means a person licensed under article 20 of the occupational code, 1980 PA 299, MCL 339. See Michigan Laws 338.822
  • Professional investigator: means a person, other than an insurance adjuster who is on salary and employed by an insurance company, who for a fee, reward, or other consideration engages in the investigation business. See Michigan Laws 338.822
  • Project: means any activity for the benefit of property owners authorized by section 10a to enhance the business environment within a zone area. See Michigan Laws 125.990
  • Project cost: means the sum total of all reasonable or necessary costs incurred by the nonprofit housing corporation, consumer housing cooperative, limited dividend housing corporation, mobile home park corporation, or mobile home park association for carrying out all works and undertakings for the completion of a housing project and approved by the authority. See Michigan Laws 125.1411
  • project costs: includes costs for all of the following: studies and surveys; plans, specifications, and architectural and engineering services; legal, organization, marketing, or other special services; financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings; movement of existing buildings to other sites; rehabilitation, reconstruction, repair, or remodeling of existing buildings; carrying charges during construction; the cost of placement of tenants or occupants, and relocation services in connection with a housing project; and, to the extent not already included, all development costs. See Michigan Laws 125.1411
  • Property owner: means a person who owns, or an agent authorized in writing by a person who owns, assessable property according to the records of the treasurer of the city or village in which the business improvement zone is located. See Michigan Laws 125.990
  • Protected premises: means a location at or in which a system user's security alarm system is installed and maintained. See Michigan Laws 338.2182
  • Public and commercial building: means the interior space of a building that is not a school building, a residential apartment building of fewer than 10 units, or a detached single family home. See Michigan Laws 338.3402
  • Public examiner: means an examiner who performs or purports to perform the service of detecting deception or verifying truthfulness exclusively in his or her official capacity as a salaried employee of some agency, county, city, or township of this state. See Michigan Laws 338.1703
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Purchasing group: means a group which meets all of the following:
    •   (i) Has as 1 of its purposes the purchase of liability insurance on a group basis. See Michigan Laws 500.1801
  • Qualifying period: means the period in which a business improvement zone is authorized to operate and impose and collect assessments, beginning on the date that the business improvement zone is approved by the property owners voting on the question as provided in section 10f and ending 7 to 10 calendar years after that date as determined in the petition described in section 10c. See Michigan Laws 125.990
  • Qualifying score: means a score on a readiness assessment or the Michigan merit examination that has been determined by the superintendent of public instruction to indicate readiness to enroll in a postsecondary course in that subject area under this act. See Michigan Laws 388.513
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means the cost of insurance per payroll before adjustment for an individual insured's size, exposure, or loss experience. See Michigan Laws 500.2402
  • Rating system: means every classification, rating plan, merit rating plan, rating values, and manual, containing the rules used by an insurer in the determination of premiums. See Michigan Laws 500.2402
  • Readiness assessment: means assessment instruments that are aligned with state learning standards; that are used nationally to provide high school students with an early indication of college readiness proficiency in English, mathematics, reading, social studies, and science and may contain a comprehensive career planning program; and that are approved by the superintendent of public instruction for the purposes of this act. See Michigan Laws 388.513
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Registrant: means a person that is registered by the department as a system provider. See Michigan Laws 338.2182
  • Registration: means a registration that is issued by the department. See Michigan Laws 338.2182
  • Regulated occupation: means an occupation, profession, or vocation that requires a license as a predicate for the practice of the occupation, profession, or vocation or that provides for the use of a specific title in the practice of the occupation, profession, or vocation. See Michigan Laws 338.3432
  • Regulated occupation: means an occupation, profession, or vocation that requires a license as a predicate for the practice of the occupation, profession, or vocation or that provides for the use of a specific title or professional designation in the practice of the occupation, profession, or vocation. See Michigan Laws 338.3702
  • Rehabilitation: means all or part of those repairs and improvements necessary to make residential real property safe, sanitary, or adequate. See Michigan Laws 125.1411
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remote monitoring: means the retransmission of information received from a security alarm system to a central monitoring system. See Michigan Laws 338.2182
  • Reorganization of school districts: means the formation of new school districts, the alteration of boundaries of established school districts, and the dissolution or disorganization of established school districts through or by means of any one or combination of the methods as set forth in this act. See Michigan Laws 388.681
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential real property: means real property located in this state, used for residential purposes, and improved or to be improved by a residential structure. See Michigan Laws 125.1411
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted use chlorofluorocarbon compound: means a chlorofluorocarbon compound and those related nonhydrogenated chlorofluorocarbons with similar physical and chemical properties, which the department finds is likely to contribute to the depletion of the ozone layer and by virtue of this depletion creates a present or future risk of harmful effects to human beings or other forms of life. See Michigan Laws 336.101
  • revised school code: means the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 380.1895
  • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
  • Risk retention group: means a corporation or other limited liability association which meets all of the following criteria:
    •   (i) Is either of the following:
      (A) Chartered in a state. See Michigan Laws 500.1801
  • School: means a private or public elementary or secondary institution of learning including grades kindergarten through 12. See Michigan Laws 338.3402
  • School building: means 1 or more of the following at a school:
    •   (i) A structure suitable for use as a classroom, including a school laboratory, library, eating facility, or food preparation facility. See Michigan Laws 338.3402
  • School code: means Act No. See Michigan Laws 388.681
  • School district: means that term as defined in section 6 of the revised school code, MCL 380. See Michigan Laws 380.1895
  • School district: means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.513
  • seal: shall be construed to include any of the following:
    •   (a) The impression of the seal on the paper alone. See Michigan Laws 8.3n
  • Security alarm system: means a detection device or an assembly of equipment and devices that is arranged to signal the presence of a hazard that requires urgent attention and is remotely monitored by a central monitoring system. See Michigan Laws 338.1052
  • Security alarm system: means a detection device or an assembly of equipment and devices that transmits signals to a central monitoring station and is arranged to signal the presence of a hazard that requires urgent attention or to which police are expected to respond. See Michigan Laws 338.2182
  • Security alarm system agent: means an individual employed by a security alarm system contractor whose duties include the altering, installing, maintaining, moving, repairing, replacing, selling, servicing, monitoring, responding to, or causing others to respond to a security alarm system. See Michigan Laws 338.1052
  • Security alarm system contractor: means a person engaged in the installation, maintenance, alteration, monitoring, or servicing of security alarm systems or who responds to a security alarm system. See Michigan Laws 338.1052
  • Security business: means a person engaged in offering, arranging, or providing 1 or more of the following services:
    •   (i) Security alarm system installation, service, maintenance, alteration, or monitoring. See Michigan Laws 338.1052
  • Service area: means that term as defined in section 3501, unless the context requires otherwise. See Michigan Laws 500.116
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: means any action taken on behalf of any consumer for the benefit of that consumer or another individual regarding the immigrant status, nonimmigrant status, or citizenship status of any consumer or other individual, and includes, but is not limited to, the following:
    •   (i) Transcribing responses onto government agency forms on behalf of a consumer relating to an immigration matter. See Michigan Laws 338.3453
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • shall: is a lways mandatory and not directory, and denotes that the dwelling shall be maintained in all respects according to the mandate as long as it continues to be a dwelling. See Michigan Laws 125.402
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • Single interest insurance: means insurance purchased by the creditor to insure its interest in the collateral securing a debtor's credit transaction where the following 3 conditions must be met for payment of loss under the policy:
    •   (i) The debtor has defaulted in payment. See Michigan Laws 500.1605
  • Solicit: means any contact with a specific consumer by an immigration clerical assistant or his or her agent, representative, or employee about providing services, for compensation, regarding an immigration matter. See Michigan Laws 338.3453
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • State: means any state of the United States or the District of Columbia. See Michigan Laws 500.1801
  • State approved nonpublic school: means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380. See Michigan Laws 388.513
  • State committee: means the state committee for the reorganization of school districts created in this act. See Michigan Laws 388.681
  • State university: means a state institution of higher education described in section 4, 5, or 6 of article VIII of the state constitution of 1963. See Michigan Laws 388.513
  • Statewide median gross income: means the statewide median gross income as determined under section 143(f) of the internal revenue code, 26 USC 143(f). See Michigan Laws 125.1411
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscriber: means an individual who enters into an insurance contract for health insurance, or on whose behalf an insurance contract for health insurance is entered into, with an insurer. See Michigan Laws 500.116
  • Subsidiary nonprofit housing corporation: means an entity created under section 22c. See Michigan Laws 125.1411
  • Substance use disorder services: means substance use disorder prevention services or substance use disorder treatment and rehabilitation services, or both, as those terms are defined in section 100d of the mental health code, 1974 PA 258, MCL 330. See Michigan Laws 333.6230
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of public instruction of the state department of education. See Michigan Laws 388.382
  • Surplus lines insurance: means insurance in this state procured from or continued or renewed with an unauthorized insurer and includes all of the following, whether effected by mail or otherwise:
    •   (i) Insurance for which applications are solicited from persons resident or located in this state. See Michigan Laws 500.1903
  • System provider: means a person that engages in the business of selling, leasing, renting, maintaining, repairing, installing, or otherwise providing security alarm systems to the public at the protected premises or by remote monitoring. See Michigan Laws 338.2182
  • System user: means a person that uses a security alarm system at a protected premises or remotely. See Michigan Laws 338.2182
  • Taxing jurisdiction: means a municipality, county, or district, including a school district or any special district having the power to levy or collect taxes upon real property or in whose behalf taxes may be levied or collected. See Michigan Laws 125.1411
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • third party exam administrator: means a person outside of the department with which the department has entered into an agreement to administer an examination or test required under an article of the occupational code. See Michigan Laws 338.2205a
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
  • Urban township: means a township that is an urban township as defined in section 402 of the recodified tax increment financing act, 2018 PA 57, MCL 125. See Michigan Laws 125.981
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Zone area: means the area designated in the zone plan as the area to be served by the business improvement zone. See Michigan Laws 125.990
  • Zone plan: means a set of goals, strategies, objectives, and guidelines for the operation of a business improvement zone. See Michigan Laws 125.990