2023 Senate Bill 165

Retirement: state police; membership in the retirement system of certain law enforcement officers first hired after certain date; provide for, and allow for purchasing service credit for certain law enforcement officers' service under the state employees' retirement system.

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending sections 3 and 4 (MCL 38.1603 and 38.1604), as amended by 2018 PA 674.

Mackinac Center Analysis

Allows corrections and conservation officers to earn retirement benefits from the state police retirement system.

Introduced in the Senate

March 9, 2023

Introduced by Sen. John Cherry (D-27) and six co-sponsors

Co-sponsored by Sens. Sue Shink (D-14), Kristen McDonald Rivet (D-35), Paul Wojno (D-10), Mallory McMorrow (D-8), Jeff Irwin (D-15) and Stephanie Chang (D-3)

Referred to the Committee on Labor

Sept. 14, 2023

Reported with substitute S-1

Sept. 19, 2023

Referred to the Committee of the Whole

Oct. 30, 2024

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 9, following line 6, by inserting:

“(2) “Member” does not include a qualified participant who is not a member of Tier 1 under section 24c.” and renumbering the remaining subsections.

2. Amend page 10, following line 8, by inserting:

“Sec. 24c. (1) The retirement system shall permit each qualified employee who first becomes a qualified participant and first works for the employer after September 30, 2024 to make an election to not become a member of Tier 1 and become only a qualified participant in Tier 2.

(2) The retirement system shall determine a method of accepting elections under subsection (1) and the employer shall secure those elections during the period beginning on the date of the individual’s employment and ending on the expiration of 75 days from the individual’s first payroll date. An election under subsection (1) is irrevocable. The retirement system shall provide a form on which each qualified employee who first becomes a qualified participant and first works for the employer after September 30, 2024 may make an election under subsection (1). The form described in this subsection must be accompanied by a description of the benefit options. The form must include an acknowledgment that the qualified participant has received the description of the benefit options.

(3) A qualified employee who first becomes a qualified participant and first works for a reporting unit after September 30, 2024 who does not make an election under subsection (1) 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.

(4) An individual who is a qualified participant described in subsection (3) is considered to have made an election to not become a member of Tier 1 and is subject to all of the following as of the date of his or her employment:

(a) The individual is not eligible to accrue any service credit or qualify for any retirement allowance under Tier 1.

(b) The individual is only a qualified participant under Tier 2.

(5) As used in this section, “qualified employee” means an individual described in section 4(1)(c), (e), or (g).”.

The amendment failed by voice vote

Passed in the Senate 25 to 12 (details)

Received in the House

Nov. 7, 2024

Referred to the Committee on Labor

Dec. 12, 2024

Reported without amendment