Michigan Laws 38.2704a – Freezing of retirement benefit; court order; delivery to retirement system; “prosecuting agency” defined
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 38.2704a
- Member: means a member, vested former member, deferred member, or participant of a retirement system. See Michigan Laws 38.2702
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Retirant: means an individual who has retired with a retirement benefit payable from a retirement system. See Michigan Laws 38.2702
- Retirement benefit: means an annuity, a retirement allowance, a pension, a benefit from employer contributions to a defined contribution plan, an optional benefit, a postretirement benefit, and any other right accrued or accruing to a member under a retirement system. See Michigan Laws 38.2702
- Retirement system: means a public employee retirement system established by this state or a political subdivision of this state. See Michigan Laws 38.2702
- 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) A retirement benefit subject to forfeiture under this act may be frozen pursuant to a freezing order issued by the court on a showing of probable cause that the retirement benefit is subject to forfeiture.
(2) On an ex parte application by the prosecuting agency, the court may determine ex parte whether there is probable cause to believe that a member‘s or retirant‘s retirement benefit is subject to forfeiture under this act and that notice to the member or retirant before a freezing of the retirement benefit would cause the loss of the retirement benefit subject to forfeiture under this act. If the court finds that there is probable cause to believe that the retirement benefit is subject to forfeiture and to believe that prior notice would cause loss of the retirement benefit, the court shall issue a freezing order freezing the retirement benefit.
(3) If a court enters a freezing order under this section, the clerk of the court shall deliver the freezing order to the retirement system.
(4) As used in this section, “prosecuting agency” means the attorney general of this state, or his or her designee, or the prosecuting attorney of a county, or his or her designee.