2023 House Bill 5021 / Public Act 250

Retirement: public school employees; default option for newly hired employees; revise.

An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 81d (MCL 38.1381d), as amended by 2017 PA 92.

House Fiscal Agency Analysis

House Bill 5021 would amend the Public School Employees Retirement Act to change the default retirement plan for newly qualified participants. There are presently two options, Tier 1 and Tier 2. Tier 1 means the retirement plan available to a member under the act. Tier 2 means the state’s 457 plan established under section 457 of the federal Internal Revenue Code for elective employee contributions and the state’s 401(k) plan established under section 401(k) of the Internal Revenue Code for employer contributions.

Introduced in the House

Sept. 20, 2023

Introduced by Rep. Matt Koleszar (D-22) and 13 co-sponsors

Co-sponsored by Reps. Jaime Churches (D-27), Dylan Wegela (D-26), Nate Shannon (D-58), Kelly Breen (D-21), Samantha Steckloff (D-19), Phil Skaggs (D-80), Regina Weiss (D-6), Felicia Brabec (D-33), Carrie Rheingans (D-47), Christine Morse (D-40), Jason Morgan (D-23), Noah Arbit (D-20) and Jennifer Conlin (D-48)

Referred to the Committee on Education

Oct. 3, 2023

Reported without amendment

Oct. 12, 2023

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Oct. 17, 2023

Referred to the Committee on Education

Oct. 31, 2023

Reported without amendment

Nov. 1, 2023

Referred to the Committee of the Whole

Nov. 7, 2023

Reported without amendment

Nov. 8, 2023

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 1, line 1, after “subsection” by striking out “(8)” and inserting “(9)”.

2. Amend page 3, line 13, after “(6)” by striking out “A” and inserting “Except as otherwise provided in subsection (7), a”.

3. Amend page 3, following line 24, by inserting:

“(7) If, at the end of a state fiscal year, there is unfunded actuarial accrued liability associated with members described under subsection (6), a qualified participant who first becomes a qualified participant and first works for a reporting unit after the fiscal year who does not make an election for any reason on or before the close of the election period is considered to have made an election to become only a qualified participant in Tier 2.” and renumbering the remaining subsections.

The amendment failed 16 to 19 (details)

Passed in the Senate 21 to 14 (details)

Signed by Gov. Gretchen Whitmer

Nov. 30, 2023