2001 House Bill 5112 / 2002 Public Act 95

Introduced in the House

Oct. 2, 2001

Introduced by Rep. Alexander Lipsey (D-60)

To extend to public employee pensions the same protection against being alienated (taken) in a bankruptcy procedures as that afforded under current law to private sector pensions. The bill is part of a legislative package which includes House Bills 5108-5114. House Bill 5112 amends the judges retirement act.

Referred to the Committee on Appropriations

Feb. 26, 2002

Passed in the House 101 to 0 (details)

Received in the Senate

Feb. 26, 2002

March 13, 2002

Substitute offered

To replace the previous version of the bill with a version that inserts a judges’ early retirement incentive proposal announced by the governor two days previously. The substitute was amended to tie bar the bill to <a href="/bill.asp?ID=6533">House Bill 5109</a>, which was substituted to insert a state employee “early out” retirement incentive proposal previously contained in <a href="/bill.asp?ID=7610">House Bill 5732</a>. Currently, judges’ retirement benefits are capped after 16 years in office at 60 percent of a judge's final salary, no matter how many additional years are served. This would be increased to 80 percent for judges over age-50 who have served at least 24 years, increasing their annual pension by approximately $28,000. Circuit judges are paid $139,918 a year, and district judges get $138,272. The substitute also contains a provision linking judges retirement health care benefits to a new state pension fund health care sub-account, which would pay for future state retiree health care benefits (see Senate-passed version of House Bill 5109 for details). The retirement incentive is part of a proposed realignment of probate, district, and circuit court boundaries in the more sparsely-populated northern part of the state, in order to ease the operation of Family Courts. This is contained in the Senate substitute for <a href="/bill.asp?ID=7547">House Bill 5674</a>.

The substitute passed by voice vote

Amendment offered by Sen. Joel Gougeon (R-34)

To remove a requirement that health care reserve funds not be considered as assets available for judges' pensions. This is related to a proposed state employee pension fund retirement health care sub-account, which would pay for future state retiree health care benefits (see Senate-passed version of House Bill 5109 for details).

The amendment passed by voice vote

Amendment offered by Sen. Joel Gougeon (R-34)

To correct a drafting error.

The amendment passed by voice vote

Passed in the Senate 22 to 15 (details)

To authorize a one-time early retirement incentive pension enhancement program for judges. Currently, judges’ retirement benefits are capped after 16 years in office at 60 percent of final salary, no matter how many additional years are served. This would be increased to 80 percent for judges over age-50 who have served at least 24 years, increasing their annual pension by approximately $28,000. Circuit judges are paid $139,918 a year, and district judges get $138,272. The substitute also contains a provision linking judges retirement health care benefits to a new state pension fund health care sub-account, which would pay for future state retiree health care benefits (see Senate-passed version of House Bill 5109 for details). The retirement incentive is part of a proposed realignment of probate, district, and circuit court boundaries in the more sparsely-populated northern part of the state, in order to ease the operation of Family Courts. This is contained in the Senate substitute for <a href="/bill.asp?ID=7547">House Bill 5674</a>. This bill originally just extended to judges’ pensions the same protection against being alienated (taken) in a bankruptcy procedures as that afforded under current law to private sector pensions, and this provision is still included. The bill is tie-barred to <a href="/bill.asp?ID=6533">House Bill 5109</a>, which was substituted to insert a state employee “early out” retirement incentive proposal previously contained in <a href="/bill.asp?ID=7610">House Bill 5732</a>.

Received

March 21, 2002

Substitute offered by Sen. Joanne Emmons (R-23)

To reconsider the vote by which the bill was passed.

The substitute passed by voice vote

Amendment offered by Sen. Joel Gougeon (R-34)

To strip out the substituted language authorizing an early retirement incentive for certain judges, the proposal for which has been withdrawn. The tie-bar to House Bill 5109, which had been substituted to contain an early-out pension enhancement proposal for state employees who retire between July 1 and November 1, 2002, is broken, and that proposal is now back in House Bill 5732.

The amendment passed by voice vote

Passed in the Senate 36 to 0 (details)

To reverse the previous Senate-passed version, and just extend to judges' pensions the same protection against being alienated (taken) in a bankruptcy procedures as that afforded under current law to private sector pensions. The bill is part of a legislative package which includes House Bills 5108-5114.

Received

To concur with the Senate-passed version of the bill.

Received in the House

March 21, 2002

To reverse the previous Senate-passed version, and just extend to judges' pensions the same protection against being alienated (taken) in a bankruptcy procedures as that afforded under current law to private sector pensions. The bill is part of a legislative package which includes House Bills 5108-5114.

Passed in the House 101 to 1 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. John Engler

March 27, 2002