Retirement: county employees; employment of retirant in a county sheriff's office; allow without forfeiting retirement allowance, the official text

Act No. 67

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 23, 2026

EFFECTIVE
DATE: July 23, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Reps. Harris, Frisbie, Mueller, DeBoyer,
BeGole, St. Germaine, Hoadley, Thompson, Linting, Woolford, Roth, Aragona,
Steele, Kuhn and Tisdel

ENROLLED HOUSE BILL No. 4471

AN ACT to amend 1851 PA 156,
entitled “An act to define the powers and duties of the county boards of
commissioners of the several counties, and to confer upon them certain local,
administrative and legislative powers; and to prescribe penalties for the
violation of the provisions of this act,” by amending section 12a (MCL 46.12a),
as amended by 2017 PA 204.

The People of the State of
Michigan enact:

Sec.
12a. (1) Subject to subsection (34), a county board of commissioners at a
lawfully held meeting may do 1 or more of the following:

(a) Provide group life, health, accident and hospitalization,
and disability coverage for a county employee, a retired employee, or an
employee of an office, board, or department of the county, including the board
of county road commissioners, and a dependent of an employee, either with or
without cost participation by the employee, and appropriate the necessary money
for the insurance. For a county with 100 employees or more, the county may
under this subsection self-insure for health, accident and hospitalization, and
group disability coverage for a county employee, a retired employee, or an
employee of an office, board, or department of the county, including the board
of county road commissioners, and a dependent of an employee, either with or
without cost participation by the employee, and appropriate the necessary
funds.

(b) Adopt and establish a plan by which the county purchases
or participates in the cost of an endowment policy or retirement annuity for a
county employee or an employee of an office, board, or department of the
county, including the board of county road commissioners, to provide monthly
pension or retirement benefits for each employee 60 years of age or older in an
amount not to exceed $150.00 per month or 2% of the average monthly earnings of
the employee for 5 years immediately before retirement times the years of
service of the employee, whichever is the lesser amount. As an option, a county
board of commissioners may adopt and establish a plan by which the county pays
pension or retirement benefits to a county employee or an employee of an
office, board, or department of the county, including the board of county road
commissioners, who has been employed for not less than 25 years, or who is 60
years of age or older and has been employed for not less than 5 years, in
monthly payments not to exceed 2.5% of the employee’s highest average monthly
compensation or earnings received from the county or county road fund for 5
years of service times the total number of years of service of the employee,
including a fraction of a year, not to exceed 3/4 of the average final compensation
of the employee. A plan may also pay early retirement benefits at 55 years of
age or older to the extent of actuarially equivalent benefits not increasing
the costs of the plan. Except as provided in subsection (27), endowment
policies, retirement benefits, pensions, or annuity retirement benefits in
excess of the amounts provided in this subdivision may be provided for by a
plan of employee participation to cover the cost of the excess. If the
employment or the pension or retirement benefits of an employee who
participated in the cost of pension or retirement benefits are terminated
before the employee receives pension or retirement benefits equal to the total
amount of the employee’s participation, the balance of the total participation
must be refunded to the employee at the time of termination, if living, or if
deceased, to the employee’s heir, estate, legal representative, or designated
beneficiary as provided in the plan adopted and established by the county board
of commissioners. If a terminated employee is rehired by the county, the
employee may repay the amount of participation refunded to the employee on the
employee’s termination, plus compound interest from the date of refund to the
dates of repayment at the rates provided in the plan. As conditions for
repayment, the plan may require return to employment for a period not to exceed
3 years and may require that repayment be completed within a period of not
less than 1 year following return to employment. A plan adopted for the payment
of retirement benefits or a pension must grant benefits to an employee eligible
for pension or retirement benefits according to a uniform scale for all persons
in the same general class or classification. An employee must not be denied
benefits by termination of his or her employment after the employee becomes
eligible for benefits under the plan and this section. An endowment policy or
annuity purchased under this section must be purchased from an insurer
authorized to write endowment policies or annuities in this state.

(2) In a plan adopted under this section, at least 60% of the
total pension or retirement benefit granted to an employee from county funds
must consist of a percentage not to exceed 2.5% of the employee’s average final
compensation times the employee’s years of service and must be granted to each
employee eligible for retirement under the plan uniformly and without
restriction or limitation other than those prescribed in this section. As used
in this section:

(a) “Average final compensation” means the annual average of
the highest actual compensation received by a county employee, other than a
county employee who is a judge of a municipal court of record subject to
subsection (20) or a judge subject to subsection (23), during a period of 5 consecutive
years of service contained within the employee’s 10 years of service
immediately before the employee’s retirement or a period of 5 years of service
as specified in the plan. In a county that adopts a plan for granting longevity
pay, the county board of commissioners may exclude this longevity pay from
average final compensation for the purpose of computing the rate of employee
contribution and the amount of benefits payable to an employee on retirement.

(b) “Longevity pay” means increments of compensation payable
at annual or semiannual intervals and based on years of service to the county,
exclusive of compensation provided for a given class of positions.

(3) A circuit court stenographer is eligible for membership
in, and the benefits of, a pension or retirement benefit under a plan
established under this section, or a social security plan established by the
county or 1 of the counties that pays a portion of the compensation of a
circuit court stenographer.

(4) If the employment of a county employee eligible to
receive a pension or retirement benefit under a plan established under this
section is terminated after the employee has completed 8 or more years of
service in county employment, the employee must receive the amount of pension
or retirement benefit to which the employee’s service would have entitled the
employee under the plan established, if the employee waives the employee’s
right to a refund of the employee’s total participation on the termination of
employment. The payment of pension or retirement benefits must begin, as
provided in the plan, after the employee would have become eligible for
retirement under the plan had the employee’s employment not been terminated,
but not later than 90 days after the employee becomes 65 years of age. The
payment of pension or retirement benefits must not begin until the employee has
applied for pension or retirement benefits in the manner prescribed in the plan
established.

(5) A plan established under this section may provide for
pension or retirement benefits for a county employee who becomes totally
disabled for work in the county service from any cause, after not less than 10
years of county employment, to the extent of the limitations provided in this
section. A plan may also provide for pension or retirement benefits to the
extent of the limitations provided in this section or $400.00 per month,
whichever is the greater amount, for an employee who becomes totally disabled
for work in the county service from causes that are the direct and proximate
result of county employment, to continue for the duration of the disability or
until the employee becomes eligible for retirement under other provisions of
the plan authorized by this section. A plan may also provide for pension or
retirement benefits, to the extent of the limitations provided in this section,
for the actual dependents of a county employee who dies while still employed by
the county after not less than 10 years of county employment, or who dies
after leaving county employment with not less than the number of years of
service required to vest in the plan but before becoming eligible to receive a
pension or retirement benefit. A plan may also provide for pension or
retirement benefits to the extent of the limitations provided in this section
or $400.00 per month, whichever is greater, for the actual dependents of a
deceased county employee whose death is the direct and proximate result of
county employment. The plan may provide that the period from the end of the
deceased or disabled employee’s period of service to the date that employee
would have become eligible for retirement is used as service for the sole
purpose of computing the amount of disability or death pension.

(6) As used in this section, “county employee “ includes a
bailiff of the district court in the thirty-sixth district who serves under
section 8322 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8322,
and a person who receives more than 50% of all compensation for personal
services, rendered to governmental units, from a county fund or county road
fund, except a person, other than a bailiff of the district court in the
thirty-sixth district, engaged for special services on a contract or fee
basis. Until December 31, 1979, a plan adopted under this section may include
as a county employee a person on leave of absence from county employment who is
not a member of another retirement system except as a retirant and who pays or
arranges payment of contributions equal to the contributions that would have
been required to be paid under the plan by both the county and the employee,
based on the compensation the employee would have received from the county, if
the employee had not taken a leave of absence or a person who complies with the
requirements of such a provision approved for inclusion in a plan by the county
board of commissioners before January 1, 1976, who is considered a county employee
during the period of compliance. A plan adopted under this section may exclude
a person who is employed on a temporary basis and a person employed in a
position normally requiring less than 1,000 hours, or some lesser specified
number of hours, work per year. A bailiff serving in the district court in the
thirty-sixth district is eligible to receive benefits under this section
if a plan has been established by law by which the cost of benefits is payable
from sources including charges on all legal instruments in which the service of
process by a bailiff is required and earmarked by law for benefits, and
contributions made by the city of Detroit and each bailiff under section
8322(6) of the revised judicature act of 1961, 1961 PA 236, MCL 600.8322. The
plan must provide that a bailiff or former bailiff who served as bailiff as of
January 1, 1967, may retire after 25 years of service regardless of age, with
maximum benefits to be computed as follows: starting as of January 1, 1969, the
average of any 5 years of earnings of the previous 10 years served in
succession before retirement multiplied by 1.9% times the years of service;
starting as of June 1, 1975, the average of any 5 years of earnings multiplied
by 2% times the years of service. As used in this subsection, “earnings” means
the salary and fees, other than mileage, received by a bailiff under section
8322(5) of the revised judicature act of 1961, 1961 PA 236, MCL 600.8322.
The plan must provide that health, accident, and hospitalization insurance
premiums may be paid out of the earnings of this fund. These payments must be
made at the discretion of the pension board of trustees. A county that has a
retirement fund for bailiffs under this section shall annually review the
retirement fund and shall ensure that the fund is maintained in an actuarially
sound condition. Copies of the actuarial reports must be provided to the
employer designated under section 8274(2) or (3) of the revised judicature act
of 1961, 1961 PA 236, MCL 600.8274, and to the state court administrator.

(7) An employee while receiving a pension or retirement
benefit because of disability, under this section, may be considered as
employed in the county service for the purpose of retirement under this
section.

(8) A county employee who is included by law in another
pension or retirement system by reason of the compensation the employee
receives from the county may be excluded from a plan established under this
section or included only to the extent of the difference between benefits
granted under this section and the other pension or retirement system.

(9) The county board of commissioners, on the request of a
county employee, by not less than a 3/5 vote may credit the county employee
with the amount of government service resulting from employment with the United States
government, except military service, employment with a state, or employment
with any of their political subdivisions under the following conditions:

(a) Employment by the county occurred within 15 years
following the county employee’s separation from service of the last unit of
government by which the county employee was employed.

(b) Service rendered before the last break in service of more
than 15 years is not credited.

(c) Service that is recognized for the purpose of a deferred
retirement allowance under a retirement system or other employer-funded
retirement benefit plan, except for a retirement benefit plan under the social
security act, chapter 531, 49 Stat. 620, of the United States government, a
state, or a political subdivision of a state is not credited if the county
employee retired under a retirement system of the United States government, a
state, or any of their political subdivisions or until the county employee
irrevocably forfeits the right to the deferred retirement allowance.

(d) The county employee deposits in the plan established
under this section an amount equal to the aggregate amount of contributions the
county employee would have made had the service been acquired while employed by
the county, plus interest from the dates the contributions would have been made
to the date of deposit, at rates determined by the county board of
commissioners. If records are insufficient or unavailable to compute the exact
amount of required deposit, the county board of commissioners may estimate the
amount.

(e) The county employee has 8 or more years of credited
service in county employment, is vested in the county plan, and deposits in the
county employees’ retirement system an amount equal to the aggregate amount of
contributions the employer would have made had the government service being
credited under this section been acquired while employed by the county.

(10) A plan adopted under this section may provide for annual
or less frequent postretirement redetermination of a pension. The redetermined
amount of pension must be not greater than the amount of pension otherwise
payable multiplied by the sum of 100% and the percentage the county board of
commissioners determines appropriate for each full year, excluding a fraction
of a year, in the period from the effective date of payments of the pension and
the date that the redetermination is being made. The redetermined amount must
not be less than the amount of pension otherwise payable. A provision of this
section that limits the amount of a pension does not apply to the operation of
this subsection redetermining the amount of a pension. As used in this
subsection, “the amount of pension otherwise payable” means the amount of
pension that would be payable without regard to this subsection. The
application of a provision redetermining pension amounts may be restricted to
pensions that have an effective date of payment either before or after a
specified date.

(11) The cost of pension or retirement benefits for a county
employee under this section may be paid from the same fund from which the
employee receives compensation, and the county board of commissioners may
appropriate the necessary funds to carry out the purposes of this section. If a
county establishes a plan by which the county pays pension or retirement
benefits to an employee under this section, the county, under provisions for
pension or retirement benefits that are incorporated in the plan, shall establish
and maintain reserves on an actuarial basis in the manner provided in this
subsection sufficient to finance the pension and retirement and death benefit
liabilities under the plan and sufficient to pay the pension and retirement and
death benefits as they become due. A county that adopts a retirement plan under
this section and establishes reserves on an actuarial basis shall maintain the
reserves as provided in this subsection. The reserves must be determined by an
actuarial valuation and established and maintained by yearly appropriations by
the county and contributions by employees. The reserves must be established,
maintained, and funded to cover the pension and other benefits provided for in
the plan in the same manner and within the same limits as to time as is
provided for Benefit Program B in the municipal employees retirement system
described in former section 14 of the municipal employees retirement act of
1984, 1984 PA 427. These reserves are trust funds and must not be used for any
other purpose than the payment of pension, retirement, and other benefits and
refunds of employee contributions pursuant to the plan established in a county.
An employee’s contributions must be kept and accumulated in a separate fund and
used only for the payment of annuities and refunds to employees. This
subsection does not apply to a county that adopted a retirement plan under this
section and did not establish reserves on an actuarial basis before October 11,
1947.

(12) If a county establishes a plan for the payment of
pension and retirement benefits to its employees under this section, the county
board of commissioners may provide for a board of trustees to administer the
plan and for the manner of election or appointment of the members of the board
of trustees. The county board of commissioners may grant authority to the board
of trustees to fully administer and operate the plan and to deposit, invest,
and reinvest the funds and reserves of the plan within the limitations
prescribed by the county board of commissioners in the plan. The county board
of commissioners may authorize the investment of funds of a county retirement
plan established under this section in anything in which the funds of the state
employees’ retirement system or the funds of the municipal employees retirement
system may be invested, under the state employees’ retirement act, 1943 PA 240,
MCL 38.1 to 38.69, and the municipal employees retirement act of 1984, 1984 PA
427, MCL 38.1501 to 38.1555. A county retirement plan established under
this section may provide for financing, funding, and the payment of benefits in
the same manner and to the same extent as is provided for in the state
employees’ retirement act, 1943 PA 240, MCL 38.1 to 38.69, and the municipal
employees retirement act of 1984, 1984 PA 427, MCL 38.1501 to 38.1555, may
provide for and require contributions by county employees, and may permit
additional employee contributions on a voluntary basis.

(13) On the approval of the county board of commissioners, a
member who entered the Armed Service of the United States before June 1, 1980
or who entered the Armed Service of the United States after May 31, 1980 during
a time of war or emergency condition as described in section 1 of 1965 PA 190,
MCL 35.61, as that section read on September 19, 2016, may elect to receive
credited service for not more than 5 years of active military service. Credit
for military service must be given on request and payment to the retirement
system of an amount equal to 5% of the member’s full-time or equated full-time
annual compensation for the year in which payment is made multiplied by the
number of years, and fraction of a year, of credited service that the member
elects to purchase up to the maximum. Service must not be credited if the
service is or would be credited under any other federal, state, or local
publicly supported retirement system, except for service that is or would be
credited under the federal government for services in the reserve. Service must
not be credited under this subsection until the member has the number of years
of credited service needed to vest under the plan. Only completed years and
months of armed service may be credited under this subsection.

(14) A member who enters or entered any Armed Service of the
United States may purchase credited service for periods of continuous active
duty lasting 30 days or more, subject to the following conditions:

(a) The county board of commissioners authorizes the purchase
of credited service under this subsection by an affirmative vote of a majority
of the members of the county board of commissioners. The county board of
commissioners shall establish a written policy to implement this subsection to
provide uniform application of this subsection to all members of the plan.

(b) The member has at least the number of years of credited
service needed to vest under the plan, not including any credited service
purchased under this subsection and subsection (13).

(c) The member pays the plan 5% of the member’s annual
compensation multiplied by the period of credited service being purchased. As
used in this subdivision, “annual compensation” means the aggregate amount of
compensation paid the member during the 4 most recent calendar quarters for
each of which the member was credited 3/12 of a year of credited service.

(d) Fractional months of armed service is not recognized for
the purposes of this subsection.

(e) Armed service credited a member under subsection (13) is
not the basis of credited service under this section.

(f) Armed service credited a member under this subsection
does not exceed either 5 years or the difference between 5 years and the armed
service credited the member under subsection (13).

(g) Credited service is not granted for periods of armed
service that are or could be used for obtaining or increasing a benefit from
another retirement system, except for service that is or would be credited
under the federal government for services in the reserve.

(15) As used in this subsection, “transitional public
employment program” means a public service employment program in the area of
environmental quality, health care, education, public safety, crime prevention
and control, prison rehabilitation, transportation, recreation, maintenance of
parks, streets, and other public facilities, solid waste removal, pollution
control, housing and neighborhood improvements, rural development,
conservation, beautification, veterans’ outreach, or any other area of human
betterment and community improvement as part of a program of comprehensive
manpower services authorized, undertaken, and financed under the former
comprehensive employment and training act of 1973, Public Law 93-203. A person
participating in a transitional public employment program is not eligible for
membership in a retirement system or pension plan established under this
section. If the person later becomes a member of a retirement system or pension
plan established under this section within 12 months after the date of
termination as a participant in a transitional public employment program,
service credit must be given for employment in the transitional public
employment program for purposes of determining a retirement allowance on the
payment by the person and the person’s employer under the transitional public
employment program from money provided under the former comprehensive
employment and training act of 1973, Public Law 93-203, as money permits, to
the retirement system of the contributions, plus regular interest, the person
and the employer would have paid had the employment been rendered in a position
covered by this section. During the person’s employment in the transitional
public employment program, the person’s employer shall provide an opportunity
by payroll deduction for the person to make his or her employee contribution to
the applicable pension system. To provide for the eventual payment of the
employer’s contribution, the person’s employer shall during this same period
place in reserve a reasonable but not necessarily an actuarially determined
amount equal to the contributions that the employer would have paid to the
retirement system for those employees in the transitional public employment
program as if they were members under this section, but only for the number of
employees that the employer determined would transfer from the transitional
public employment program into positions covered by this section. If the money
provided under the former comprehensive employment and training act of 1973,
Public Law 93-203, is insufficient, the person’s current employer shall pay the
remainder of the employer contributions.

(16) Subsection (15) does not exclude the participant in a
transitional public employment program from the accident, disability, or other
benefits available to members of a retirement system covered by this section.

(17) If a probate judge who is a member of a plan established
under this section contributes for 20 years or more, the county board of
commissioners may allow the probate judge to cease further contributions.

(18) An employee of the circuit court in the third judicial
circuit, the common pleas court of the city of Detroit, or the recorder’s court
of the city of Detroit who became an employee of the state judicial council on
September 1, 1981, and who was 44 years of age or older as of that date, and
who will have accumulated 25 or more years of service credit by September 1,
1987, continues to be eligible for membership in, and the benefits of, a
pension or retirement benefit plan established under this section in the same
manner as the employee was eligible before September 1, 1981. A person who was
an employee of the circuit court in the third judicial circuit, the common
pleas court of the city of Detroit, or the recorder’s court of the city of
Detroit on August 31, 1981, who last entered county employment before November
2, 1956, who became an employee of the state judicial council on September 1,
1981, and who accumulated not less than 24 years of service credit by August
31, 1981, continues to be eligible for membership in, and the benefits of, a
pension or retirement benefit plan established under this section in the same
manner as the employee was eligible before September 1, 1981. An election to
continue to be a member of a pension or retirement benefit plan established
under this section as authorized by section 594(2) of the revised judicature
act of 1961, 1961 PA 236, MCL 600.594, as that section read on February 8,
1985, or section 36(2) of former 1919 PA 369, is not effective unless the
employee has made the election in the manner prescribed by those sections and
has made the payments required by those sections.

(19) A plan adopted under this section may provide that an
employee of the circuit court in the third judicial circuit, the common pleas
court of the city of Detroit, or the recorder’s court of the city of Detroit
who is a member of the Wayne County employees’ retirement system on August 31,
1981, who becomes an employee of the state judicial council and a member of the
state employees’ retirement system on September 1, 1981, receive a benefit
based on the annual average of the highest actual compensation received by the
employee during a period of 5 years of county or state service.

(20) Beginning September 1, 1981, for determining the
retirement benefit for a county employee who is a judge of a municipal court of
record under subsection (2), “average final compensation” means the annual
average of the highest actual compensation received by the judge as additional
salary under section 13(2) of former 1919 PA 369, or section 9932(3)
of the revised judicature act of 1961, 1961 PA 236, MCL 600.9932, during a
period of 5 years of service as specified in the plan. This subsection
must not be construed to diminish or impair an accrued financial benefit.

(21) Beginning September 1, 1981, for each county employee
who is a judge of a municipal court of record, or of the circuit or district
court, the sum of the average final compensation determined for that county
employee under this section and the final salary determined for that county
employee as a member of the state of Michigan judges’ retirement system created
by former 1951 PA 198, or as a member of the Michigan judges retirement system
created by the judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to
38.2670, must not exceed the employee’s total annual judicial salary payable
from all sources at the time of his or her retirement. This subsection must not
be construed to diminish or impair an accrued financial benefit.

(22) Beginning September 1, 1981, for a county employee who
is a judge of the probate court, the sum of the average final compensation
calculated for the employee under this section and the final salary calculated
for the employee as a member of the state of Michigan probate judges retirement
system created by former 1954 PA 165 or as a member of the Michigan judges
retirement system created by the judges retirement act of 1992, 1992 PA 234,
MCL 38.2101 to 38.2670, must not exceed the employee’s total annual judicial
salary payable from all sources at the time of his or her retirement. This
subsection must not be construed to diminish or impair an accrued financial
benefit.

(23) Beginning September 1, 1981, for determining a
retirement benefit under subsection (2) for a county employee who is a judge
who receives an annuity under section 14(5) of former 1951 PA 198 or under
section 503(2)(c) of the judges retirement act of 1992, 1992 PA 234, MCL
38.2503, “average final compensation” means the difference between the judge’s
total annual salary payable from all sources on August 31, 1981, and the judge’s
state base salary payable on August 31, 1981. This subsection must not be
construed to diminish or impair an accrued financial benefit.

(24) Beginning January 1, 1983, the sum of the final salary
determined for a county employee who is a judge of the probate court used as
the basis for determining the judge’s retirement allowance as a member of a
retirement system established under this section and the salary or compensation
figure used as the basis for determining the judge’s retirement allowance as a
member of the state of Michigan judges’ retirement system created by former
1951 PA 198 or as a member of the Michigan judges retirement system created by
the judges retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670, must
not exceed the judge’s total annual salary payable from all sources at the time
of his or her retirement. This subsection must not be construed to diminish or
impair an accrued financial benefit.

(25) The county board of commissioners, on the request of a
county employee, by not less than a 3/5 vote may credit the county employee
with the amount of membership service that the county employee was previously
credited with by the retirement system established under this section under the
following conditions:

(a) The membership service previously credited to the county
employee was service rendered for the same county.

(b) Service that is recognized for the purpose of a deferred
retirement allowance under a retirement system or other employer-funded
retirement benefit plan, except for a retirement benefit plan under the social
security act, chapter 531, 49 Stat. 620, of the United States government, a
state, or a political subdivision of a state is not credited if the county
employee retired under a retirement system of the United States government, a
state, or any of their political subdivisions or until the county employee
irrevocably forfeits the right to the deferred retirement allowance.

(c) The county employee deposits in the plan established
under this section an amount equal to the aggregate amount of contributions the
county employee made at the time of the previous membership service plus
interest from the date of withdrawal of the accumulated contributions to the
date of deposit, at rates determined by the county board of commissioners. If
records are insufficient or unavailable to compute the exact amount of required
deposit, the county board of commissioners may estimate the amount.

(d) The county employee deposits in the county employees’
retirement system an amount equal to the aggregate amount of contributions the
employer made at the time of the previous membership service plus interest from
the date of separation to the date of deposit, at rates determined by the
county board of commissioners.

(26) A person participating in a program described in this
subsection is not eligible for membership in a retirement system or pension
plan established under this section. In addition, the person must not receive
service credit for the employment described in this subsection even though the
person subsequently becomes or has been a member of the retirement system. This
subsection applies to all of the following:

(a) A person, not regularly employed by the county, who is
employed by the county through participation in a program established pursuant
to the job training partnership act, Public Law 97-300, 96 Stat. 1322.

(b) A person, not regularly employed by the county, who is
employed by the county through participation in a program established under the
Michigan opportunity and skills training program, first established under
sections 12 to 23 of former 1983 PA 259.

(c) A person, not regularly employed by the county, who is
employed by the county through participation in a program established under the
Michigan community service corps program, first established under sections 25
to 35 of former 1983 PA 259 and sections 148 to 160 of former 1984 PA 246.

(d) A person, not regularly employed by the county, who is
hired by the county to administer a program described in subdivision (a), (b),
or (c).

(27) If a county enters into a collective bargaining
agreement under 1947 PA 336, MCL 423.201 to 423.217, that provides for
retirement benefits that are in excess of the retirement benefits otherwise
authorized under this section for employees of the county who are covered by a
plan under this section, the county board of commissioners may amend or adopt a
plan under this section to provide those benefits to employees who are members
of the bargaining unit covered by the agreement, and may, after December 31,
1987, amend or adopt a plan under this section to provide those benefits to
other employees of the county.

(28) One of the following conditions applies to a retirant
who is receiving a pension or retirement benefit from a plan under this section
if the retirant becomes employed by a county that has established a plan under
this section:

(a) Payment of the pension or retirement benefit to the
retirant must be suspended if the retirant is employed by the county from which
the retirant retired and the retirant does not meet the requirements of
subdivision (b) or (d). Suspension of the payment of the pension or retirement
benefit is effective the first day of the calendar month that follows the
sixtieth day after the retirant is employed by the county. Payment of the
pension or retirement benefit must resume on the first day of the calendar month
that follows termination of the employment. Payment of the pension or
retirement benefit must resume without change in amount or conditions by reason
of the employment. The retirant must not be a member of the plan during the
period of employment.

(b) Payment of the pension or retirement benefit to the
retirant continues without change in amount or conditions by reason of
employment by the county from which the retirant retired if all of the
following requirements are met:

(i) The retirant meets 1 of the following
requirements:

(A) For a retirant, is employed by the county for not more
than 1,000 hours in any 12-month period.

(B) For a retirant who was not an elected or appointed county
official at retirement, is elected or appointed as a county official for a term
of office that begins after the retirant’s retirement allowance effective date.

(C) For a retirant who was an elected or appointed county
official at retirement, is elected or appointed as a county official to a
different office from which the retirant retired for a term of office that
begins after the retirant’s retirement allowance effective date.

(D) For a retirant who was an elected or appointed county
official at retirement, is elected or appointed as a county official to the
same office from which the retirant retired for a term of office that begins 2
years or more after the retirant’s retirement allowance effective date.

(E) The retirant is employed by a county sheriff’s office,
including sheriff’s office correction employees.

(F) The retirant is employed by a county prosecutor’s office.

(ii) The retirant is not eligible for any
benefits from the county other than those required by law or otherwise provided
to the retirant because of his or her being a retirant.

(iii) The retirant is not a member of the plan
during the period of reemployment, does not receive additional retirement
credits during the period of reemployment, and does not receive an increase in
pension or retirement benefits because of the employment under this
subdivision.

(c) Payment of the pension or retirement benefit to the
retirant continues without change in amount or conditions by reason of the
employment if the retirant becomes employed by a county other than the county
from which the retirant retired. For the purposes of membership and potential
benefit entitlement under the plan of the other county, the retirant is
considered in the same manner as an individual with no previous record of
employment by that county.

(d) Payment of the pension or retirement benefit to the
retirant continues without change in amount or conditions by reason of
employment by the county from which the retirant retired if the retirant was an
employee of the state judicial council on September 30, 1996, and becomes a
county-paid employee of the recorder’s court of the city of Detroit or the
third judicial circuit of the circuit court on October 1, 1996.

(29) A county may increase the percentage of the highest
average monthly compensation or earnings that was used to calculate the pension
or retirement benefit under subsection (1)(b) of an individual receiving a
pension or retirement benefit under this section on the date the county
increases the percentage of compensation or earnings. The county shall
recalculate the pension or retirement benefit using the increased percentage of
compensation or earnings. The person receiving the pension or retirement benefit
is eligible to receive an adjusted pension or retirement benefit based on the
recalculation effective the first day of the month following the date the
county increases the percentage of compensation or earnings under this
subsection.

(30) The payment of pension or retirement benefits under a
plan established under this section is subject to an eligible domestic
relations order under the eligible domestic relations order act, 1991 PA 46,
MCL 38.1701 to 38.1711.

(31) If a county retirement plan established under this
section provides an optional form of payment of a retirement allowance and if a
retirant receiving a reduced retirement allowance under that plan is divorced
from the spouse who had been named the retirant’s survivor beneficiary, the
election of a reduced retirement allowance form of payment must be considered
void by the retirement system if the judgment of divorce or award or order of
the court, or an amended judgment of divorce or award or order of the court
dated after July 18, 1991 provides that the election of a reduced retirement
allowance form of payment is to be considered void by the retirement system and
the retirant provides a certified copy of the judgment of divorce or award or
order of the court, or an amended judgment of divorce or award or order of the
court, to the retirement system. If the election of a reduced retirement
allowance form of payment is considered void by the retirement system under
this subsection, the retirant’s retirement allowance must revert to a straight
life retirement allowance, including postretirement adjustments, if any,
subject to an award or order of the court. The retirement allowance must revert
to a straight life retirement allowance under this subsection effective the
first of the month after the date the retirement system receives a certified
copy of the judgment of divorce or award or order of the court. This subsection
does not supersede a judgment of divorce or award or order of the court in effect
on July 18, 1991. This subsection does not require the retirement system to
distribute or pay retirement assets on behalf of a retirant in an amount that
exceeds the actuarially determined amount that would otherwise become payable
if a judgment of divorce had not been rendered.

(32) If a county board of commissioners of a county that has
a population of more than 400,000 but less than 800,000 has an employee credit
union organized under the credit union act, 2003 PA 215, MCL 490.101 to
490.601, or former 1925 PA 285, the county board of commissioners may include
as a member of a plan under this section a past or present employee of the
credit union, if that past or present employee has 5 or more years of service
credit with that credit union on or before June 30, 1990.

(33) The county board of commissioners shall establish a
written policy to implement this section to provide uniform application of this
section to all members of the plan.

(34) Notwithstanding anything in this act to the contrary, a
pension or retirement benefit under this section is subject to the protecting
local government retirement and benefits act, 2017 PA 202, MCL 38.2801 to
38.2812.

This act is ordered to take
immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor