Michigan Laws 38.1626 – Retirement due to duty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member’s estate; maximum retirement allowance; eligibility for
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Terms Used In Michigan Laws 38.1626
- 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
- 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
(1) Except as provided in section 24(4) and subject to subsection (5), a member who retires due to duty incurred disability after September 30, 1986, is entitled to receive a retirement allowance equal to 60% of the member’s final average compensation.
(2) If a retirant receiving a retirement allowance under this section dies, the retirement system shall continue to pay the retirement allowance to the surviving spouse of the deceased retirant for the rest of the spouse’s life.
(3) For purposes of this section, if there is no surviving spouse or on the spouse’s death, the retirement allowance must be paid to the children under the age of 18 of the member, share and share alike. If there are no eligible children remaining after the spouse’s death, there must be paid to the deceased member’s estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions.
(4) The retirement allowance payable under this section, when added to the statutory worker’s compensation benefits applicable in the case, must not exceed the average annual salary paid to the member for the member’s last 2 years of service with the department of state police before the duty disability retirement allowance effective date.
(5) The retirement allowance payable under this section to a member who first becomes a member on or after June 10, 2012 must be offset by the actuarially determined value of the employer-funded portion plus the associated investment growth of the employer-funded portion of the member’s defined contribution account balance.
(6) A member, former member, or beneficiary of a deceased member, which member first becomes a member on or after June 10, 2012 and who is eligible for a retirement allowance under this section, is eligible for health insurance coverage under section 42 in all respects and under the same terms as would be a member who first becomes a member before June 10, 2012. A member who is eligible for health insurance coverage under section 42 as described in this subsection is not vested in any employer contributions under section 42a(1).