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PLAN DOCUMENT
TABLE OF CONTENTS

(This version is kept up-to-date. All changes are noted at the end of each section.)

Plan Doc.pdf Plan Document
Summary of Changes Summary of Changes 2002 - to date
ARTICLE 1. GENERAL PROVISIONS
Section 1 Short Title [MCL 38.1501]
Section 2 Meaning of Words and Phrases [MCL 38.1502]
Section 2A Definitions; A through L [MCL 38.1502a.]
Section 2B Definitions; M through O [MCL 38.1502b.]
Section 2C Definitions; P through Z [MCL 38.1502c.]
Section 3 Membership
ARTICLE II. SERVICE CREDIT
Section 4 Credited Service; Forfeiture; Reinstatement
Section 5 Combining Credited Service
Section 6 Credit for Certain Qualifying Governmental Service; Conditions; Crediting Payment under Subsection (1) (c)
Section 7 Generic Credited Service: Election to Purchase Not More than 5 Years of Credited Service
Section 8 Election to Come Under Reciprocal Retirement Act
Section 9 Credited Service for Periods of Active Duty; Conditions
ARTICLE III. RETIREMENT REQUIREMENTS AND BENEFIT PROGRAM
Section 10 Retirement; Requirements; Allowance; Benefit Programs
Section 11 Adoption for Temporary Period of Benefit Programs or Combination of Benefit Programs; Contents of Resolution or Administrative Order; Retirement Under Section 10 During Temporary Period; Limitation
Section 12 Vested Former Member; Requirements
Section 13 Benefit Program A; Retirement Allowance
Section 14 Benefit Program B; Retirement Allowance
Section 15 Benefit Program B-1; Retirement Allowance
Section 16 Benefit Program B-2; Retirement Allowance
Section 16A Benefit Program B-3; Retirement Allowance
Section 16B Amount of Retirement Allowance Under Benefit Program B-4
Section 17 Benefit Program C-New and C-Old; Retirement Allowance
Section 18 Benefit Program C-1 New and C-1 Old; Retirement Allowance
Section 19 Benefit Program C-2; Adoption; Retirement Allowance
Section 19A Restated Benefit Program DC; Adoption; Contributions; Distribution
Section 19B Benefit Program H; Adoption; Contributions; Distribution
Section 20 Benefit Program E; Adoption or Readoption; Effective Date; Adjustment Date; Adjustment Factor; Prohibition
Section 21 Benefit Program E-1; Adoption or Readoption; Effective Date; Applicability; Adjustment Dates; Maximum Cumulative Adjustment Limitation; Base Amount of Retirement Allowance; Adjustment Factor

Section 22 Benefit Program E-2; Adoption; Effective Date; Applicability; Adjustment Dates; Maximum Cumulative Adjustment Limitation; Base Amount of Retirement Allowance; Adjustment Factor

Section 23

Forms of Payment; Election; Naming of Survivor Beneficiary; Failure to Make Timely Election; Amount of Retirement Allowance; Election if Member Married at Retirement Allowance Effective Date; Signature of Spouse; Effect on Election if Retirant Divorced From Spouse Named as Survivor Beneficiary

Section 23A Adoption of Benefit Program RS50%; Specifying Effective Date of Change in Coverage; Duration and Amount of Payment to Surviving Spouse; "Surviving Spouse" Defined
Section 23B Adoption of Benefit Program PRO (Post-Retirement Option); Changing Form of Payment or Survivor Beneficiary Designation after Retirement; Effective July 1, 2009.
Section 24 Retirement of Incapacitated Member; Conditions; Medical Examinations; Effective Date of Disability Retirement; Amount of Disability Retirement Allowance; Exceptions
Section 25 Disability Retirant Under Age 60; Periodic Medical Examination; Suspension, Revocation, or Discontinuance of Disability Pension; Conditions to Restoration of Terminated Disability Retirant's Actual Credited Service; Service Not Credited for Period of Disability; Terminated Disability Retirant as Vested Former Member

Section 26 Conditions to Payment of Retirement Allowance for Life to Surviving Spouse; Commencement and Amount of Payment; Conditions to Payment of Retirement Allowance to Surviving Child, Restriction; Termination and Amount of Surviving Child's Retirement Allowance; Presumptions

Section 27 Death Resulting From Injury or Disease Arising Out of and in Course of Duty; Additional Provision Applicable to Section 26

Section 27A Remarriage of Surviving Spouse
Section 28 Contingent Survivor Beneficiary
Section 29 Provisions Applicable During Period Between Effective Date of Disability Retirement Allowance and Date Disability Retirant Attains Age 60 or Where Adopted by Resolution, the Age for Age and Service Retirement.

Section 30 Commencement, Termination, and Change in Retirement Allowance

Section 31 Employment by Participating Municipality or Court; Special Conditions
ARTICLE IV. CONTRIBUTIONS
Section 32 Contribution Programs
Section 33 Contribution Program P
Section 34 Difference Between Retirant's Accumulated Contributions and Aggregate Amount of Retirement Allowance Payments Made; Payment
Section 35 Payment of Accumulated Contributions
ARTICLE V. RETIREMENT BOARD ADMINISTRATION
Section 36 Retirement Board; Creation; Board as Public Corporation; Powers and Duties; Administrative Functions; Membership; Rules of Procedure; Record of Proceedings; Quorum; Voting; Term of Office; Oath; Expenses; Absence of Member From Work; Vacancy; Chairperson and Chairperson Pro tem; Executive Director [MCL 38.1536]

Section 36A Denial of Benefits; Hearing Process; Appeal to Retirement Board
Section 36B Indemnification
Section 37 Audit Report
Section 38 Experience Tables; Data and Information; Actuarial Operation and Investigations

Section 39 Retirement Board as Trustee of Money and Other Assets; Investments; Investments Counsel; Purpose of Investments; Discretionary Authority [MCL 38.1539]

Section 40 Prohibited Conduct [MCL 38.1540]
Section 41 Election to Become Participating Municipality; Vote; Specifying Effective Date of Participation and Applicable Benefit and Contribution Programs; Establishment of Benefit and Contribution Program Coverage Classifications; Certifications of Participation; Conditions to Participation.

Section 41A Election to Become Participating Court; Administrative Order; Resolution; Specifying Effective Date of Participation and Applicable Benefit and Contribution Programs; Classifications; Certification of Participation; Conditions to Participation.

Section 42 Actuarial Determination of Contribution Requirements
Section 43 Election to Change Benefit Contribution Programs; Vote; Specifying Effective Date of Change in Coverage and Applicable Benefit and Contribution Programs; Coverage Classification and Certification Conditions; Accrued Benefit Not Reduced by Change; Certification of Determination; Actuarial Determination of Contribution Requirements

Section 43A Election of Participating Court to Change Benefit and Contribution Programs; Administrative Order; Resolution; Specifying Effective Date of Change in Coverage and Applicable Benefit and Contribution Programs; Coverage Classification and Certification Conditions; Accrued Benefit Not Reduced By Change; Certification of Determination; Actuarial Determination of Contribution Requirements

Section 43B Collective Bargaining Agreements; Benefit Modifications; Extension of Modified Benefits to Non-bargaining Groups
Section 43C Benefit Adoption Eligibility Requirements Effective July 1, 2006
Section 44 Election to Terminate Participation; Vote; Certification of Determination; Effective Date of Termination of Participation; Effect of Termination; Disposition of Balance in Reserve

Section 44A Election of Participating Court to Terminate Participation; Vote, Certification of Determination; Effective Date of Termination of Participation; Effect of Termination; Disposition of Balance in Reserve

Section 45 Annual Meeting; Selection of Members to Retirement Board; Transaction of Business; Notice of Meeting; Certification of Delegates; Conduct of Election; Nominating Procedures; Referendum [MCL 38.1545]

ARTICLE VI. FUNDING AND RESERVES
Section 45A Funding Objective of Retirement System; Contribution Requirement; Notice and Payment of Contribution Obligation; Interest and Penalty Charge

Section 46 Reserve for Employee Contributions; Subaccounts; Deduction of Contributions from Compensation of Member; Consent and Agreement to Deduction; Discharge and Acquittance of Claims and Demands; Certification of Compensation Paid; Payment of Aggregate Amount of Contributions to Retirement System; Remittance of Member Contributions; Interest and Penalty Charge

Section 46A Reserve for Defined Contribution Plan
Section 46B Transfers of Excess Assets to Reserve for Defined Contribution Plan
Section 47 Reserve For Employer Contributions and Benefit Payments; Subaccounts
Section 48 Reserve For Retired Benefit Payments; Subaccounts
Section 49 Reserve for Excess Casualty Experience; Transfers; Stop Loss Program
Section 50 Reserve for Expenses and Undistributed Income; Transfer; Contingency Reserves
Section 51 Expenses for Administration of Retirement System; Payment
Section 52 Allocation of Undistributed Investment Income
ARTICLE VII. MISCELLANEOUS
Section 53 Rights Neither Subject to Process of Law Nor Assignable; Exceptions; Limitation; Right of Setoff; Transfers of Money and Assets to Another Retirement System
Section 54 Corrections of Errors in Records; Recovery of Overpayments; Making up Underpayments
Section 55 Intent; Retirement System as Qualified Pension Plan and Trust as Exempt Organization; Administration; Employer-financed Benefit Limitations; Annual Adjustment; Use and Investment of Assets; Return of Post-Tax Member Contributions; Beginning Date of Distributions; Termination of Participation in Retirement System; Election to Rollover to Retirement Plan; Interest Rate; Compliance with Section 415 of Internal Revenue Code and Regulations.

Section 55A Qualified Excess Benefit Arrangement
Section 56 Severability
Section 57 Repeal
ARTICLE VII. ESTABLISHMENT OF 401(h) ACCOUNT
FOR MERS PARTICIPATING EMPLOYERS
Section 60 Authorization and Establishment
Section 61 Defined Terms
Section 62 Section 401(h) Account Participation
Section 63 Mandatory Terms
Section 64 Optional Terms
APPENDIX
A Procedure for Review of Formal Requests for Changes to MERS Plan Document
B Former Section 38.1506
C Former Section 38.1509
D-1 Former Section 19A (as in effect prior to 9/19/06)
D-2 Former Section 19A (as in effect 9/19/06 to 9/14/09)
D-3 Former Section 19A (as in effect 9/15/09 to 5/11/10)
 
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