Mich. Admin. Code (Technology, Management and Budget) | Michigan Administrative Code — Department of Technology, Management and Budget

State Facilities Administration State Facilities Administration

R 18.201 to R 18.208 Conduct on State Property

Mich. Admin. Code R 18.201 Definitions {#sec-r-18.201 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.201}

DEPARTMENT OF MANAGEMENT AND BUDGET

PROPERTY MANAGEMENT DIVISION

CONDUCT ON STATE PROPERTY

(By authority conferred on the director of the department of management and budget by section 1 of Act No. 80 of the Public Acts of 1905, as amended, and section 4 of Act No. 51 of the Public Acts of the First Extra Session of 1948, as amended, being SS19.141 and 18.4 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Department" means the department of management and budget.

(b) "State buildings" and "state grounds" means buildings and lands dedicated and appropriate to the public use over which the department has jurisdiction or control, including buildings or parts of buildings and other real estate occupied by the state as lessee.

(c) "State security unit" means regular state police officers, state police civilian guards, and other civilian guards employed by the department.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 18.202 Access to buildings {#sec-r-18.202 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.202}

Rule 2. (1) State employees are not permitted in state buildings at any time other than their normal working hours, unless written approval by the department director or designee has been submitted to the facility manager or state security unit. Proper identification of employees may be demanded by any member of the state security unit, and employees may be required to sign a registration sheet.

(2) Except for the capitol building and other buildings which are posted otherwise, visiting hours for the public in state buildings are from 8 a.m. to 5 p.m. daily, except Saturdays, Sundays, and holidays, unless prior written consent has been obtained from the department. Visiting hours in the capitol building shall be from 7:30 a.m. to 5:30 p.m., except Saturdays, Sundays, and holidays, unless the legislature or either house is in session, in which case the building is closed 60 minutes after final recess or adjournment. When determined by the department, visitors shall be required to sign a registration sheet.

(3) The department may lock entrances to any building at any time and may require that such entrances may be used from within only as a means of egress in case of emergency. A person shall not enter or attempt to enter a state building through an entrance which is closed pursuant to this rule.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 18.203 Removal of property prohibited; exception; security inspection permitted {#sec-r-18.203 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.203}

Rule 3. (1) A person shall not remove state property from state buildings or grounds, except as permitted in the normal course of business, unless the removal has been previously authorized in writing by the department director, his or her designee, or, in the case of the legislature, by the speaker of the house or the president of the senate or their designees to whom the property has been assigned.

(2) A state security unit may inspect briefcases, packages, or other items being transported into or out of state buildings, grounds, or parking facilities.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 18.204 Obstruction of state grounds prohibited; solicitations and sales prohibited; exception; certain activities prohibited; exception; picketing; signs and placards prohibited; approval of amplification devices required; responsibility for damage {#sec-r-18.204 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.204}

Rule 4. (1) A person or organization shall not occupy a corridor, sidewalk, areaway, driveway, or room in a state building or on state grounds in such manner as to hamper or obstruct the proper use or movement of personnel or vehicles or the proper conduct of state government.

(2) A person or organization is not permitted in state buildings or state grounds for the purpose of solicitation of funds or the sale of any article, except that charitable organizations may solicit funds if written authorization is obtained and if such conduct is confined to the entrances and lobby areas of state buildings. A person or organization authorized by the state administrative board to solicit funds by payroll deduction is permitted in state buildings or on state grounds.

(3) A person or organization is not permitted in state buildings or on state grounds for the purpose of demonstrating, organizing activities, soliciting membership, or distributing literature, except that such persons or organizations may conduct such activity which is confined to the entrances and lobby areas and other non-work areas if written authorization is obtained and if the activities do not interfere with public safety or unreasonably interfere with the operation or use of the building or state grounds.

(4) Written authorization as used in subrules (2) and (3) of this rule shall be granted, unless, under all the circumstances, including the existence of previously approved activities under subrules (2) and (3) of this rule, it is determined that the approval would result in interference with the public safety or unreasonable interference with the operations or use of state buildings or state grounds.

(5) Picketing shall be conducted only at entrances to employer-owned or occupied premises in a manner which does not impede or interfere with the public's use of public property and only on portions of public property where such picketing does not interfere with normal operations or access.

(6) The following conduct is prohibited in a state building or on state grounds:

(a) For the purpose of public safety, a sign or placard is not allowed in a state building.

(b) Voice amplification devices shall not be brought into state buildings unless approved by the facility manager.

(d) Unauthorized removal of state property.

(e) Damaging, in any manner, state property, including the buildings and grounds of the state.

(7) An organization is responsible for damages to state buildings and property and to people caused by the organization, its officers, employees, or other people caused to be at the event by the organization.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 18.205 Animals prohibited in state buildings; exceptions; approval of vehicles on state grounds required; approval required for erection of tent, monument, or sign; camping prohibited {#sec-r-18.205 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.205}

Rule 5. (1) Except as may be required in the course of state business, animals are not permitted in state buildings. The owner or person having an animal under his or her control shall be responsible. Guide dogs may be used when necessary to assist handicapped persons in state buildings.

(2) Vehicles are not permitted on state grounds without prior approval of the department, except in areas designated for vehicular use.

(3) A person or organization shall not erect a tent, monument, sign, or similar device on state grounds without prior approval of the department. A person shall not camp on state grounds.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 18.206 Hunting, trapping, fishing, or swimming on state grounds prohibited {#sec-r-18.206 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.206}

Rule 6. A person is not allowed to hunt, trap, fish, or swim on state grounds under the jurisdiction of the department.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 18.207 Displays on state grounds {#sec-r-18.207 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.207}

Rule 7. (1) Space may be made available on state grounds to organized community groups for displays which commemorate religious, national, and traditional holidays.

(2) All groups requesting space on the state grounds for display purposes shall do so by writing to the department, property management division. Such written requests shall normally be submitted 30 days prior to the display request date.

(3) There shall be equal access to all groups regardless of sex, religion, or national origin.

(4) A display shall not be more than 6 feet in height, 4 feet in width, or 10 feet in length, unless approved by the department, and shall be on display for not longer than 14 calendar days.

(5) A disclaimer plaque will be placed at the site of the display which indicates that the display is not owned or maintained by the state of Michigan and that other groups wishing to erect displays shall obtain written approval from the department.

(6) If a request is denied, the appeal shall be submitted to the director of the department within 5 calendar days of the denial. The appeal shall include all of the following information:

(a) Name and address of the community group.

(b) A concise statement of the reason the appeal should be granted.

(7) The director or his or her designee shall, within 10 calendar days after the receipt of the appeal, issue a written decision affirming, reversing, or modifying the denial.

History

History: 1982 AACS.

Mich. Admin. Code R 18.208 Enforcement {#sec-r-18.208 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.208}

Rule 8. (1) A person who openly and willfully refuses to conform to these rules, in addition to criminal penalties provided by law, is subject to immediate removal from a state building or state grounds, or both, by the state security unit, the facility manager, or any other person designated by the facility manager.

(2) Nothing contained in these rules shall be construed as limiting prosecution under an existing or future penal law.

History

History: 1982 AACS.

R 18.401 to R 18.426 Parking on State Property

Mich. Admin. Code R 18.401 Scope {#sec-r-18.401 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.401}

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

STATE FACILITIES ADMINISTRATION

PARKING ON STATE PROPERTY

By authority conferred on the department of technology, management and budget by section 31 of 1969 PA 306, sections 131 and 227 of 1984 PA 431 and Executive Reorganization Order 2009-39, MCL 24.231, 18.1131 and 18.1227 and 18.441.

Rule 1. These rules shall apply to real property owned or leased by the state under the jurisdiction of the department of technology, management and budget designated for the parking of motor vehicles.

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.402 Definitions {#sec-r-18.402 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.402}

Rule 2. As used in these rules:

(a) "Department" means the department of technology, management and budget.

(b) "Director" means the director of the department or his or her designated representative.

(c) "Parking facility" means real property owned or leased by the state and under the jurisdiction of the department designated for the parking of motor vehicles.

(d) "Parking unit" means the unit located within the department of technology, management and budget, state facilities administration, which is in charge of 1 or more parking facilities as designated by the director.

(e) "Reserved parking space" means a designated parking space or area within a parking facility that is assigned to a specific state employee, a carpool, a member of the public, or any other approved individual for which a fee is charged.

(f) "Tow away" means the removal or storage, or both, of a motor vehicle from a parking facility.

(g) "Violation notice" means a form designated by the department to give notice of a rule violation.

(h) "Violator" means a person who operates a motor vehicle or acts in such a manner as to be in violation of these rules.

History

History: 1982 AACS; 2012 AACS; 2018 AACS.

Mich. Admin. Code R 18.403 Reserved parking generally {#sec-r-18.403 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.403}

Rule 3. (1) A state employee or any other approved individual may request a reserved parking space from the parking unit on the designated form as required by the department.

(2) A reserved parking space agreement authorizes parking in the assigned space or area. Permits or gate cards shall not be transferred and remain the property of the department. Lost gate card replacement cost will be determined by the department.

(3) Reserved parking space requests shall be assigned in a chronological order as submitted.

(4) When a new state government facility is constructed or obtained by the department, initial reserved parking space assignments for that facility shall be determined by the department.

(5) The reserved parking permit allows use of that space during the employee's normal work shift. Additional parking time while performing state business is subject to department approval.

(6) All payments for reserved parking shall be biweekly payroll deductions only, unless otherwise specified by the department.

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.404 Reserved parking; written agreement; registration required {#sec-r-18.404 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.404}

Rule 4. (1) A written agreement on a permit form provided by the department shall be signed by the state employee, official, or designated driver and by the parking unit.

(2) A vehicle shall not use a reserved parking space unless it is registered with the parking unit.

History

History: 1982 AACS.

Mich. Admin. Code R 18.405 Reserved parking; vehicle identification {#sec-r-18.405 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.405}

Rule 5. A vehicle occupying a reserved parking space shall properly display all identification stickers or permits as required by the department.

History

History: 1982 AACS.

Mich. Admin. Code R 18.406 Reserved parking; entrance and exit {#sec-r-18.406 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.406}

Rule 6. (1) Access to, and egress from, a parking facility shall be designated by the department.

(2) Drivers of motor vehicles in a parking facility shall observe and obey all traffic control signs, signals, devices, and markings, as posted, painted, or installed by the department.

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.407 Rescinded {#sec-r-18.407 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.407}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.408 Reserved parking; reassignment {#sec-r-18.408 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.408}

Rule 8. The department reserves the right to reassign reserved parking spaces where necessary to accommodate maintenance, repair, redesign, or alteration of the parking facility.

History

History: 1982 AACS.

Mich. Admin. Code R 18.409 Rescinded {#sec-r-18.409 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.409}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.410 Rescinded {#sec-r-18.410 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.410}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.411 Rescinded {#sec-r-18.411 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.411}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.412 Rescinded {#sec-r-18.412 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.412}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.413 Rescinded {#sec-r-18.413 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.413}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.414 Rescinded {#sec-r-18.414 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.414}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.415 Rescinded {#sec-r-18.415 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.415}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.416 Rescinded {#sec-r-18.416 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.416}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.417 Rescinded {#sec-r-18.417 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.417}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.418 Rescinded {#sec-r-18.418 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.418}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.419 Rescinded {#sec-r-18.419 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.419}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.420 Rescinded {#sec-r-18.420 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.420}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.421 Visitors' parking {#sec-r-18.421 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.421}

Rule 21. Visitors, including handicapped visitors, may use visitors' parking spaces, at the scheduled rate, while conducting business with the occupants of state office buildings.

History

History: 1982 AACS.

Mich. Admin. Code R 18.422 Rescinded {#sec-r-18.422 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.422}

History

History: 1982 AACS; 2012 AACS.

Mich. Admin. Code R 18.423 Violations {#sec-r-18.423 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.423}

Rule 23. (1) Violations of these parking rules will be subject to cancellation of present parking privileges or future parking privileges, or both; fine; or vehicle towaway according to the following schedule:

(a) Unregistered vehicle........................$10.00 fine or tow-away or both.

(b) Registered vehicle sticker displayed, but not displayed in designated location........$ 5.00 fine or tow away or both.

(c) Registered vehicle parking in wrong space without permission of parking officer...........$ 5.00 fine or tow-away or both.

(d) Vehicle parking in a "no parking" area......$ 5.00 fine or tow-away or both.

(e) Traveling against indicated traffic direction.......................................$ 5.00 fine or tow-away or both.

(f) Speeding or reckless driving for parking conditions......................................$ 5.00 fine.

(g) Not parking vehicle within confines of parking space...................................$ 2.50 fine.

(h) Parked in designated fire lane..............$10.00 fine or tow-away or both.

(i) Parking in driveway aisle...................$ 5.00 fine or tow-away or both.

(j) Failure to pay fine within 10 working days from date of issue..............................Cancellation.

(k) All other violations of these rules.........$ 5.00 fine.

(2) All vehicles, whether privately or publicly owned, are subject to the fines or penalties in subrule of this rule. Drivers of state vehicles are held responsible. If the driver cannot be identified, then the person who requisitioned the vehicle from a motor pool is responsible.

History

History: 1982 AACS.

Mich. Admin. Code R 18.424 Parking violation; appeal upheld {#sec-r-18.424 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.424}

Rule 24. If a violation which is being appealed is upheld, all fines shall be paid within 10 working days from the date of appeal decision. If an employee fails to pay the fine, the parking space will be cancelled.

History

History: 1982 AACS.

Mich. Admin. Code R 18.425 Cancellation {#sec-r-18.425 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.425}

Rule 25. (1) When an individual has a parking space cancelled due to violation of the parking rules, the cancellation shall remain in effect for 1 calendar year from the date of the infraction.

(2) After the calendar year has ended, the individual may reapply for a parking space. An individual will be placed on the parking space assignment list in the chronological order in which requests are submitted.

History

History: 1982 AACS.

Mich. Admin. Code R 18.426 Appeal process {#sec-r-18.426 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.426}

Rule 26. (1) A person appealing a parking violation notice shall submit in writing, within 10 working days after receiving the notice, the reasons why the penalty should be modified or cancelled. The appeal shall include all of the following information:

(a) Name and work unit of applicant.

(b) Number of violation notice.

(d) The relief requested.

(2) The appeal shall be submitted to: DTMB Parking Appeals, State of Michigan Warehouse Complex, State Facilities Administration Building 3111 West St Joseph Hwy., Lansing MI 48917.

(3) A written decision shall be made within 5 working days of receipt of the appeal and shall be forwarded to appellant.

(4) An appellant who is aggrieved by the decision may appeal to the director of the department or his or her designee within 5 working days of receipt of the decision. The appeal shall include a copy of the decision and written reasons why the decision was in error.

(5) The director or his or her designee shall, within 10 working days after the receipt of the appeal, issue a written decision affirming, reversing, or modifying the decision.

History

History: 1982 AACS; 2012 AACS; 2018 AACS.

R 18.501 to R 18.509 Real Estate Services

Mich. Admin. Code R 18.501 Definitions {#sec-r-18.501 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.501}

DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND BUDGET

REAL ESTATE DIVISION

REAL ESTATE SERVICES

(By authority conferred on the department of technology, management and budget by sections 4 and 13 of 1948 PA 51, section 31 of 1969 PA 306, sections 131 and 221 of 1984 PA 431 and Executive Reorganization Order 2009-39, MCL18.4, 18.13, 24.231, 18.1131 and 18.1221 18.441)

Rule 1. As used in these rules:

(a) "Agreement" means a contract transferring the right, acquired for a consideration, to possession or use of real property on a month-to-month basis for a period not to exceed 1 year.

(b) "Appraisal" means an estimate or opinion as of a given date of the fair market value of real property.

(d) "Bidder list" means a general or geographic list maintained by the department's real estate office which sets forth the names and addresses of potential owner/lessors who have requested that they be provided solicitations for sealed bids or bid proposals. The bidder list is subject to ongoing additions and deletions in response to written requests from owner/lessors and is also formally updated by solicited responses on an annual basis.

(e) "Bid proposal" means an offer submitted in response to the state's solicitation for available space (including major remodeling or new construction, or both, when acceptable multiple locations are available) which meets or exceeds minimum specifications, requirements, and instructions outlined in a solicitation notice, with all exceptions or substitutions noted.

(f) "Department" means the department of technology, management and budget.

(g) "Director" means the director of the department or his or her authorized representative.

(h) "Fair market value" means the highest estimated price which real property will bring if offered for sale on the open market, allowing a reasonable time to find a purchaser who would buy with knowledge of the property's possible uses.

(i) "Financial analysis" means an analysis of the cost or value of the land, the improvements, and construction; amortization; interest; taxes; insurance; and any other pertinent factors included in a proposed rental rate which can be verified and compared to the open market competition.

(j) "Lease" means a contract transferring the right, acquired for a consideration, to possession or use of real property for a definite period of time.

(k) "Lessee" means a tenant or one who rents real property.

(l) "Lessor" means the owner of real property or one who lets the property.

(m) "Market rental analysis" means the conclusion reached through the comparison of rental rates on similar properties taking into account established market costs for differences in services provided.

(n) "Option" means the right, acquired for a consideration, to buy certain property for a fixed price within a specified time.

(o) "Real estate manager" means the manager of the state's central real estate office as designated by the director.

(p) "Real property" means the interests, benefits, and rights inherent in the ownership of the physical real estate, including the land, everything attached to it, and everything under or over it.

(q) "Rental" means a consideration paid by a lessee for the possession or use of real property.

(r) "Sealed bid" means a bid quotation in response to a solicitation where comparable facilities are established by complete plans and specifications which may include a designated site.

History

History: 1983 AACS; 2012 AACS.

Mich. Admin. Code R 18.502 Leasing of facility space; legal lessee; attorney general and board approval of lease required; competitive award process required specifications; objectives; justification of rent and rate increases required; options {#sec-r-18.502 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.502}

Rule 2. (1) Pursuant to sections 4 and 13 of Act No. 51 of the Public Acts of the First Extra Session of 1948, as amended, being SS18.4 and 18.13 of the Michigan Compiled Laws, facility space for the various state departments shall be leased in a manner which provides an equal opportunity for all individuals to participate in the procurement process insofar as there is no abrogation of the director's authority to award contracts which he or she deems to be in the best interest of the state.

(2) The state of Michigan is the legal lessee of all property occupied and rented by a state department or agency. An individual state department or agency shall not lease property in the name of the department or agency unless specifically authorized by statute.

(3) All lease contracts are subject to the approval of the attorney general as to legal form.

(4) All lease contracts are subject to the approval of the state administrative board prior to execution by the director.

(5) Unless otherwise waived by the director, the awarding of lease contracts shall be determined through a competitive bid proposal or sealed bid process. If waived, lease terms shall be subject to a complete market analysis or financial analysis, or both, to substantiate the rental amount.

(6) Specifications shall be written to encourage overall economy and efficiency through maximum competition in providing facilities, building space, equipment, services, and supplies to satisfy the state's needs.Specifications shall not be unduly restrictive.

(7) Sites or locations for leased space shall be evaluated consistent with the following criteria:

(a) Consolidating a state department, agency, or departments into 1 building if practical.

(b) Providing maximum occupancy of state-owned and leased facilities.

(d) Complying with policies and directives from the governor or director which are in the best interest of the state.

(e) Entering into lease contracts with local governments if possible to take advantage of their tax-exempt status and to encourage joint location of government services.

(f) Protecting the health, safety, and welfare of the public and employees.

(8) Lease contracts renewed through negotiation shall justify any increases in rental rates through comparative data. If a renewal includes renovations or additional construction, costs shall be substantiated and rental rates justified through market analysis or financial analysis, or both.

(9) The director may option a specific site or sites which meet a department's or agency's program needs, subject to the following criteria:

(a) The fair market value of the site or sites shall be determined by appraisal.

(b) Any deposit money required by an option shall be paid by the user department or agency.

(c) Purchase options for the acquisition of property for state use which specify a deposit in an amount greater than 1 dollar shall contain a clause that the owner shall return the deposit money to the user department or agency if the option is not exercised. The requirement for this clause in a purchase option may be waived by the director for good cause when deemed in the best interest of the state.

(d) The state has the right to assign an option to the successful bidder.

History

History: 1983 AACS.

Mich. Admin. Code R 18.503 Special provisions {#sec-r-18.503 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.503}

Rule 3. Unless otherwise authorized by the director, for good cause when deemed in the best interest of the state, except as required by law, every lease contract entered into by the state shall have all of the following special provisions:

(a) The lessor, pursuant to the requirements of Act No. 453 of the Public Acts of 1976, as amended, being S37.2101 et seq. of the Michigan Compiled Laws, shall agree not to discriminate against any employee or applicant for employment, to be employed in the performance of the contract, with respect to his or her hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment, because of his or her race, color, religion, national origin, ancestry, sex, height, weight, marital status, or age, except where a requirement as to age is based on a bona fide occupational qualification.Further, the lessor shall agree that every subcontract entered into for the performance of the contract shall contain a provision requiring nondiscrimination in employment, as herein specified, binding as a material breach of contract.

(b) The lessor shall, at the lessor's expense, during the term of the lease or any extension thereof, insure the premises with public liability insurance, the terms of such requirement to be set forth in the lease.

(c) The lessor shall warrant that the premises will comply with the barrier-free design requirements made applicable by Act No. 1 of the Public Acts of l966, as amended, being S125.1351 et seq. of the Michigan Compiled Laws, unless an exception or exemption is granted by the Michigan barrier free design board.

(d) The lessor shall provide to the state, before possession, a written fire inspection report approving the premises for occupancy. Fire inspection reports shall be updated as determined by the director.

History

History: 1983 AACS.

Mich. Admin. Code R 18.504 Contracts {#sec-r-18.504 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.504}

Rule 4. (1) Any type of contract which is in the best interest of the state may be used.

(2) A short-term lease contract agreement (1 to 4 years) may be used when a building requires little or no remodeling in order to allow the department or agency maximum flexibility and mobility in accordance with siting policy objectives.

(3) A long-term lease contract (5 to 10 years) may be used in the following situations:

(a) A building is to be extensively remodeled or rehabilitated by the lessor to meet state requirements.

(b) A building is to be constructed for a specific use by a state department or agency.

(4) A month-to-month agreement may be authorized by the real estate manager when space is needed for temporary, emergency, or interim quarters, for a period not to exceed 12 months, for any of the following purposes:

(a) Seasonal programs.

(b) Additional space to relieve congestion caused by temporary increases in workload.

(d) When there is a threat to public health, safety, or welfare under emergency conditions.

(e) For good cause when deemed in the best interest of the state.

History

History: 1983 AACS.

Mich. Admin. Code R 18.505 Leasing information; public access {#sec-r-18.505 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.505}

Rule 5. Leasing information shall be a matter of public record to the extent provided in Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and shall be available to the public pursuant to this act.

History

History: 1983 AACS.

Mich. Admin. Code R 18.506 Rescinded {#sec-r-18.506 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.506}

History

History: 1983 AACS; 2012 AACS.

Mich. Admin. Code R 18.507 Bid solicitation {#sec-r-18.507 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.507}

Rule 7. Unless otherwise authorized by the director, for good cause when deemed in the best interest of the state, the following provisions apply:

(a) Sealed bids or bid proposals shall be solicited from all parties who express an interest in bidding in response to the public notice or in response to notification sent to those on the bidder list.

(b) All sealed bids and bid proposals are subject to the specifications, requirements, and instructions outlined in each specific bid solicitation.

History

History: 1983 AACS.

Mich. Admin. Code R 18.508 Bids; right of refusal {#sec-r-18.508 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.508}

Rule 8. The state reserves the right to reject any or all bids or to waive defects in bids for good cause when deemed in the best interest of the state.

History

History: 1983 AACS.

Mich. Admin. Code R 18.509 Solicitation or award of contract; public right of protest {#sec-r-18.509 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 18.509}

Rule 9. (1) A person who is aggrieved in connection with the solicitation or award of contract action taken by the real estate manager may protest to the director.

(2) A person who is aggrieved in connection with a solicitation or award of contract authorized by the director may protest to the building committee of the state administrative board.

(3) A person who is aggrieved in connection with a solicitation or award of contract recommended by the building committee of the state administrative board may protest to the state administrative board.

History

History: 1983 AACS.

Purchasing Division Purchasing Division

R 24.61 to R 24.69 State Printing - Prevailing Wage Rates

Mich. Admin. Code R 24.61 Definitions {#sec-r-24.61 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.61}

DEPARTMENT OF MANAGEMENT AND BUDGET

PURCHASING DIVISION

STATE PRINTING--PREVAILING WAGE RATES

(By authority conferred on the department of management and budget by section 33 of Act No. 306 of the Public Acts of 1969, as amended, being S24.233 of the Michigan Compiled Laws)

Rule 1. (1) "Act" means Act No. 153 of the Public Acts of 1937, as amended, being S24.61 et seq. of the Michigan Compiled Laws.

(2) "Conditions prevalent" means the cost of providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected, including plans or programs for medical or hospital care, pensions on retirement or death, compensation for injuries or illness or resulting from occupational activity, or insurance to provide any of the foregoing for supplemental unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, the costs of other approved paid absences for defraying costs of apprenticeship or other similar programs.

(3) "Employees" means all individuals who are engaged in any operation preparatory or necessary to or in the performance of a contract awarded by the state.

(4) "Locality" means the geographic determination as delineated on the map attached hereto as appendix A.

(5) "Prevailing wage rate and conditions prevalent" means the market rate, which is generally current; the mode received by employees in the locality evidenced by all information available to the department of management and budget at the time the determination is to be made.

(6) "Responsible bidder" means:

(a) A company having use of the allied printing trades council label.

(b) A company which pays its employees in accordance with a collective bargaining agreement with an organization which is in no way influenced or controlled by the management.

(c) A company filing with the secretary of state a sworn statement to the effect that its employees are receiving the prevailing wage rate and are working under conditions prevalent in the locality in which the work will be produced.

(7) "Wages" means:

(a) The basic hourly rate of pay and adjustments thereto.

(b) The conditions for receiving, and amount of, premium pay.

Figure for 24.61 Appendix

History

History: 1979 AC.

Mich. Admin. Code R 24.62 Implementation {#sec-r-24.62 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.62}

Rule 2. These rules shall be implemented in a particular case only if a challenge to a bidder's status as a responsible bidder is received by the department of management and budget not later than 10 working days after the opening of bids.

History

History: 1979 AC.

Mich. Admin. Code R 24.63 Prevailing wage rate and conditions prevalent {#sec-r-24.63 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.63}

Rule 3. In determining the prevailing wage rate and conditions prevalent, the department of management and budget shall review current information submitted or available to it but shall not be required to look beyond that information, except in the case of a contested bid. In that case, the challenged bidding firm may be required to furnish additional wage information.

History

History: 1979 AC.

Mich. Admin. Code R 24.64 Obtaining and compiling relevant information {#sec-r-24.64 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.64}

Rule 4. (1) Whenever necessary and for the purpose of making prevailing wage rate and conditions prevalent determinations, the department of management and budget shall endeavor to obtain and compile information regarding wages and conditions prevalent.

(2) The department of management and budget shall encourage the voluntary submission of data by printing firms, trade associations, labor organizations, public officials, and other interested parties, reflecting wages and conditions prevalent.

(3) The following types of information shall be considered in making determinations of prevailing wage rates and conditions prevalent:

(a) Signed collective bargaining agreements.

(b) Information furnished by federal and state agencies.

(4) The department of management and budget may supplement this information.

History

History: 1979 AC.

Mich. Admin. Code R 24.65 Determination of responsible bidders {#sec-r-24.65 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.65}

Rule 5. (1) The responsibility of determining whether or not a bidder is a responsible bidder under the act rests in the first instance with the purchasing division of the department of management and budget.

(2) In the event of a challenge, the challenged bidder may withdraw its bid within 3 working days after notification of the challenge. If the challenged bidder does not withdraw, he shall furnish such additional information as the purchasing division requests with respect to wages and conditions prevalent.

(3) The responsible bidder determination of the purchasing division shall be final unless 1 of the parties requests a hearing.

History

History: 1979 AC.

Mich. Admin. Code R 24.66 Challenges {#sec-r-24.66 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.66}

Rule 6. (1) The grounds upon which a bidder may be challenged are:

(a) That a bidder is not authorized to use the allied printing trades council label.

(b) That the collective bargaining agreement of a bidder is with a labor organization influenced or controlled by management.

(c) That the employees of a bidder who has filed a sworn affidavit with the secretary of state are not receiving the prevailing wage rate and working under conditions prevalent in the locality in which the work will be produced.

(2) A challenge shall be filed at the office of the purchasing division with the director of the division and shall be accompanied by an affidavit of service on the challenged bidder by certified mail, return receipt requested. The challenger shall make clear, specific, and detailed factual statements to support the grounds alleged and verify the same.

(3) Within 7 days after service of the challenge upon him, the challenged bidder shall serve his written verified answer upon the director of the purchasing division by certified mail, return receipt requested.

(4) Upon expiration of the time provided for an answer, the director of the purchasing division may direct an inquiry as to the validity of the challenge. The information gathered and results of the inquiry are confidential unless a public hearing is requested.

(5) If a challenge is not resolved to the satisfaction of any challenger or any challenged bidder, a public hearing, if requested by either party, shall be held.

History

History: 1979 AC.

Mich. Admin. Code R 24.67 Notice of public hearing {#sec-r-24.67 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.67}

Rule 7. Not less than 7 working days before the date of a public hearing, the director of the purchasing division shall notify, by certified mail, the challenger, the challenged bidder, and any other persons he names. The notice shall state the time, place, and date of the hearing, and shall set forth:

(a) The nature of the conduct alleged which is not in compliance with the act.

(b) The name and address of the challenger.

(c) A statement that the hearing will be public, that the party may be represented by counsel, that the party may present witnesses, that all witnesses may be called and subjected to cross-examination, and that the hearing officer may request the attendance of witnesses and the production of evidence, which, in the judgment of the director of the purchasing division, will aid in the conduct of the investigation.

History

History: 1979 AC.

Mich. Admin. Code R 24.68 Hearings {#sec-r-24.68 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.68}

Rule 8. (1) Hearings shall be held before a hearing officer designated by the director of the purchasing division. The hearing officer and his agents or employees shall not have direct or indirect ex parte communication with any person in connection with the issues involved in a hearing.

(2) The hearing officer shall regulate the conduct of the hearing, administer oaths, request the attendance and testimony of witnesses and production of books, papers, and other documentary evidence, fix the time and form for the submission of evidence or argument, and adjourn a hearing for good cause to such time, date, and place as he deems appropriate.

(3) The rules of evidence applicable in the courts of the state need not be applied strictly in a hearing.

(4) At the conclusion of the hearing, the hearing officer may request additional evidence or written arguments concerning the subject matter to be submitted within such time and form as he directs. The additional evidence or argument shall be disclosed to all interested parties.

(5) The party requesting a hearing shall have the burden of proving a challenge.

The party requesting the hearing shall have the right to be present, to be represented by counsel, to testify, to produce and examine witnesses, to cross-examine adverse witnesses, and to introduce such other evidence as may be material and relevant to the issues.

(6) Proceedings shall be recorded, but need not be transcribed unless requested by the purchasing division or a party. The purchasing division shall determine the amount and source of payment for the transcript. The purchasing division shall prepare an official record of the hearing, which shall include the notice of hearing and all documents considered by the hearing officer, and may include a transcript of the evidence presented at the hearing.

History

History: 1979 AC.

Mich. Admin. Code R 24.69 Challenge opinions {#sec-r-24.69 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 24.69}

Rule 9. If the hearing officer finds from a preponderance of the evidence that a challenged bidder has not complied with the act or that the moving party has failed to demonstrate that its position is meritorious, he shall issue a written decision specifying recommended action. The hearing officer shall transmit a copy of the decision to the person whose conduct is involved, to the person who challenged the proposed award, and to other persons who have filed a written request for a copy of the opinion.

History

History: 1979 AC.

State Employees Retirement Board State Employees Retirement Board

R 38.1 to R 38.51 State Employees Retirement Board

Mich. Admin. Code R 38.1 Rescinded {#sec-r-38.1 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1}

LICENSING AND REGULATORY AFFAIRS

MICHIGAN ADMINSTRATIVE HEARING SYSTEM

STATE EMPLOYEES' RETIREMENT BOARD

(By authority conferred on the executive director of the Michigan administrative hearing system by section 2 of 1943 PA 240, MCL 38.2, and Executive Reorganization Order Nos. 2005-1 and 2011-4, MCL 445.2021 and 445.2030)

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.2 Rescinded {#sec-r-38.2 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.2}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.3 Rescinded {#sec-r-38.3 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.3}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.4 Rescinded {#sec-r-38.4 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.4}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.5 Rescinded {#sec-r-38.5 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.5}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.6 Rescinded {#sec-r-38.6 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.6}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.7 Rescinded {#sec-r-38.7 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.7}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.8 Rescinded {#sec-r-38.8 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.8}

History

History: 1944 ACS 37; 1954 AC; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.11 Rescinded {#sec-r-38.11 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.11}

History

History: 1954 ACS 77, Eff. Nov. 30, 1973; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.12 Rescinded {#sec-r-38.12 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.12}

PART I. DEFINITIONS - APPLICABILITY

History

History: 1954 ACS 77, Eff. Nov. 30, 1973; 1979 AC; 2008 AACS.

Mich. Admin. Code R 38.21 Definitions {#sec-r-38.21 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.21}

Rule 21. (1) As used in these rules:

(a) "Act" means 1943 PA 240, MCL 38.1.

(b) "Administrative record" means the application and related documents considered by the staff of the retirement system in reaching its determination.

(d) "Application" means a request for a benefit provided by the act.

"Application" also includes a request to reopen a closed application and a reapplication.

(e) "Board" means the retirement board as defined in MCL 38.1h(4) of the act and composed of those members set forth in MCL 38.3 of the act.

(f) "Bona fide termination of employment" for purposes of R 38.38 means that a member terminated employment in good faith, with honesty, and without any intent to return to a position covered by the act within the same month as the individual's retirement allowance effective date.

(g) "Closed application" means a request by an individual for a benefit provided by the act that was withdrawn by the individual or otherwise never decided by the retirement system or the board.

(h) "Dependent" or "dependents," as used in MCL 38.20d of the act means all of the following:

(1) The retirant's spouse.

(2) Any unmarried child of the retirant who is considered a dependent under section 152 of the internal revenue code.

(i) "Good cause," as used in MCL 38.21 and 38.24 of the act, means the legitimate inability to file an application within 1 year after termination of the member's employment. "Good cause" does not include a person's own careless neglect or inattention to the filing requirements.

(j) "Medical advisor," as used in MCL 38.21 and 38.24 of the act, means a physician designated by the retirement system.

(k) "Permanent," as used in MCL 38.21 and 38.24 of the act, means will last throughout the lifetime of the member.

(l) "Presiding officer" means presiding officer as defined in MCL 24.279 and 24.280 of the APA.

(m) "Reasonable medical treatment" means medical treatment that does not involve significant danger to life or extraordinary suffering and that has a reasonable probability of significantly improving the condition caused by the disease or injury.

(n) "Reapplication" means a request by an individual for a benefit provided by the act that was previously decided by the staff of the retirement system or the board.

(o) "Totally incapacitated," as used in MCL 38.21 and 38.24 of the act, means the member is unable to perform the duties of his or her current position, or any other position reasonably related to the member's education, training, or experience.

(2) Terms defined in the act and the APA have the same meaning when used in these rules.

Editor's Note: An obvious error in R 38.21 (f) was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2008 MR 8. The memorandum requesting the correction was published in Michigan Register, 2008 MR 11.

R. 38.22 Rescinded.

History

History: 2008 AACS.
History: 2008 AACS; 2015 AACS.

Mich. Admin. Code R 38.23 Rescinded {#sec-r-38.23 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.23}

PART II. PROCEDURAL RULES

History

History: 2008 AACS; 2015 AACS.

Mich. Admin. Code R 38.24 Rescinded {#sec-r-38.24 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.24}

History

History: 2008 AACS; 2015 AACS.

Mich. Admin. Code R 38.25 Rescinded {#sec-r-38.25 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.25}

History

History: 2008 AACS; 2015 AACS.

Mich. Admin. Code R 38.26 Action by the board {#sec-r-38.26 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.26}

Rule 26. The board shall act on every proposal for decision in a public meeting.

The board may do any of the following:

(a) Remand the matter to the presiding officer or other presiding officer for further action.

(b) Issue a final decision approving, rejecting, or modifying the proposal for decision.

History

History: 2008 AACS.

Mich. Admin. Code R 38.27 Clerical mistakes; correction {#sec-r-38.27 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.27}

Rule 27. Clerical mistakes and errors arising from omissions or commissions made by the board may be corrected by the board at any time on its own initiative or as a result of a motion filed by a party.

History

History: 2008 AACS.

Mich. Admin. Code R 38.28 Rescinded {#sec-r-38.28 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.28}

History

History: 2008 AACS; 2015 AACS.

Mich. Admin. Code R 38.29 Refiling an application {#sec-r-38.29 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.29}

Rule 29. (1) Except as provided in subrule (3) of this rule, if an individual files an application that concerns a matter that has already been considered and denied by the staff of the retirement system and a timely request for hearing was not made, then the application shall not be considered and the individual shall be notified accordingly.

(2) Except as provided in subrule (4) of this rule, if an individual files an application that concerns a matter that has already been considered and denied by the board, the application shall not be considered and the individual shall be notified accordingly.

(3) If an individual's previous application for a disability retirement, as provided for in MCL 38.21 and 38.24 of the act, is denied by the staff of the retirement system and the individual did not make a timely request for hearing, then the individual may file a reapplication only if the individual did not terminate his or her employment in a position covered by the act and either worked after the denial and before the reapplication or was off work with the approval of his or her employer.

(4) If an individual's previous application for a disability retirement, as provided for in MCL 38.21 and 38.24 of the act, is denied by the board, then the individual may only file a reapplication if the individual did not terminate his or her employment in a position covered by the act and either worked after the denial and before the reapplication or was off work with the approval of his or her employer.

History

History: 2008 AACS.

Mich. Admin. Code R 38.30 Documentary evidence {#sec-r-38.30 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.30}

Rule 30. If the staff of the retirement system denies an application, and the applicant timely requests a hearing, then the staff of the retirement system shall provide a copy of its administrative record and notification to the applicant. The applicant shall have 30 days to file any additional documents that he or she wants the staff of the retirement system to consider.

History

History: 2008 AACS.

Mich. Admin. Code R 38.31 Notarized signatures {#sec-r-38.31 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.31}

Rule 31. The board shall determine whether a signature shall be notarized on a form used by the retirement system. A notarized signature is presumed to represent the signature of the individual whose name it purports to be.

PART III. RETIREMENT/PENSION RULES

History

History: 2008 AACS.

Mich. Admin. Code R 38.32 Medical advisor's opinion {#sec-r-38.32 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.32}

Rule 32. The opinion of an individual's treating physician shall not be given more weight than the opinion of the medical advisor with regard to an application for a disability retirement under MCL 38.21 and 38.24 of the act solely based on the relative length of time these physicians have spent examining an individual or because the medical advisor's review was based on an examination of the individual's medical records.

History

History: 2008 AACS.

Mich. Admin. Code R 38.33 Reasonable medical treatment {#sec-r-38.33 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.33}

Rule 33. An individual shall pursue all reasonable medical treatment for the injury or disease that is the basis for his or her application for duty or non-duty disability as provided by MCL 38.21 and 38.24 of the act.

History

History: 2008 AACS.

Mich. Admin. Code R 38.34 Duty disability {#sec-r-38.34 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.34}

Rule 34. An application for duty disability filed under MCL 38.21 of the act shall be denied if the personal injury or disease that is the basis for the application was any of the following:

(a) A personal injury or illness, which existed before becoming a member.

(b) The aggravation of a personal injury or illness, which existed before becoming a member.

(c) A personal injury or illness, which arose while the applicant was a member but was not proximately caused by the member's employment.

History

History: 2008 AACS.

Mich. Admin. Code R 38.35 Medical examination {#sec-r-38.35 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.35}

Rule 35. (1) For purposes of deciding eligibility for disability retirement under MCL 38.21 and 38.24 of the act, a medical examination conducted by 1 or more medical advisors means either a personal medical examination of the member or a review of the application and medical records of the member.

(2) If an applicant for a disability retirement under MCL 38.21 or MCL 38.24 of the act fails to submit to a reasonable medical examination requested by the system, the application shall be denied.

History

History: 2008 AACS.

Mich. Admin. Code R 38.36 Other decisions not binding {#sec-r-38.36 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.36}

Rule 36. The board is not bound by a determination of disability issued by any other state or federal agency or private entity when the board is determining whether a member is entitled to a disability retirement provided by MCL 38.21 or 38.24 of the act.

History

History: 2008 AACS.

Mich. Admin. Code R 38.37 Disability application {#sec-r-38.37 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.37}

Rule 37. (1) An individual who seeks a duty or non-duty disability retirement allowance, as provided in MCL 38.21 and 38.24 of the act, shall do both of the following:

(a) File an application on a form provided by the retirement system, including the names and addresses of all the applicant's health care providers and the date of treatment.

(b) Execute all necessary authorizations to disclose health information which permits the retirement system, or its agents, to obtain and review all health information that relates in any way to the basis for the claimed disability. The health information shall include what was created before, contemporaneously with, and subsequent to the date of the alleged injury or disease that is related to the medical condition.

(2) An individual shall not amend an application for duty or non-duty disability retirement filed under MCL 38.21 or 38.24 of the act after the expiration of the 30day period in R 38.30, unless the individual demonstrates that the reason for wanting to amend the application was not known before the expiration of the 30-day period.

History

History: 2008 AACS.

Mich. Admin. Code R 38.38 Suspension of retirement allowance {#sec-r-38.38 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.38}

Rule 38. The retirement allowance of a retirant shall be suspended during any time period that the retirant returns to work in a position covered by the act unless the retirement allowance resulted from a bona fide termination of employment.

History

History: 2008 AACS.

Mich. Admin. Code R 38.39 Disability retirement {#sec-r-38.39 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.39}

Rule 39. (1) To receive a disability retirement under MCL 38.21 of the act, the member shall prove by a preponderance of the evidence that on or before the termination of his or her employment, he or she was totally incapacitated and that such incapacity was probably permanent.

(2) To receive a disability retirement under MCL 38.24 of the act, the member shall prove by a preponderance of the evidence that on or before the termination of his or her employment, he or she was totally incapacitated and that such incapacity was likely to be permanent.

(3) For purposes of MCL 38.21 and 38.24 of the act, the board shall not retire a member if the member can perform any job for which the member has experience, training, or education. If the board determines that a member is not mentally or physically totally incapacitated for further performance of duty or that a member's total incapacity is not probably permanent, the retirement system does not have the obligation to find employment for a member.

History

History: 2008 AACS.

Rule 40. If a member elects the equated payment under MCL 38.20(2) of the act, the estimated social security primary insurance amount shall be based on an estimate of the age 65 social security benefit obtained by the member from the social security administration and provided by the member to the staff of the retirement system. This social security estimate shall be used to actuarially adjust the retirement allowance to provide an increased retirement allowance payable up to age 65 irrespective of when the retirant begins to draw social security. The retirement allowance shall be reduced at age 65 by the social security estimate amount the retired member provided at the time of retirement.

History

History: 2008 AACS.

Mich. Admin. Code R 38.41 Survivor benefit; equated pension {#sec-r-38.41 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.41}

Rule 41. For purposes of this rule, the equated pension, as described in MCL 38.20(2) of the act, refers to the benefit before and after the retirant's attainment of age 65. If a member elects a survivor option, as provided in MCL 38.31(1) of the act, the member's retirement allowance shall be adjusted accordingly. If the member also elects to receive such a retirement allowance as an equated payment under MCL 38.20(2) of the act, then the resulting retirement allowance shall be paid until the retirant's death. Upon the retirant's death, the retirement allowance shall be adjusted to cancel the effect of electing the equated payment.

History

History: 2008 AACS.

Mich. Admin. Code R 38.42 Service credit toward retirement {#sec-r-38.42 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.42}

Rule 42. (1) Under MCL 38.1i(1) of the act all of the following shall apply:

(a) Years of service are credited in accordance with the state fiscal year.

(b) The maximum service credited on the payroll end date of any state biweekly pay period is 80 hours.

(d) A maximum of 26 biweekly pay periods of 80 hours shall be credited in a fiscal year. Proportionate service credit shall be awarded for payrolls reported on a frequency other than a biweekly pay period. A part-time employee earns service credit in proportion to the hours worked within that pay period.

(e) Only regular hours are counted for service credit and overtime hours shall not count towards creditable service.

(2) An employee whose position is designated full time under legislative council operations administrative rules and determined to be full time by the staff of the retirement system, but whose full time schedule totals less than 80 hours per biweekly pay period, shall be credited with .0385 years for each full pay period of work.

History

History: 2008 AACS.

Mich. Admin. Code R 38.43 Layoff; eligibility for purchase of buy-in credit; refund repay; resuming tax deferred payment (TDP) agreement {#sec-r-38.43 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.43}

Rule 43. For up to 1 calendar year after the effective date of a layoff, the individual laid off may purchase buy-in credit, repay a refund and, if returned to work, resume TDP payments on an existing agreement. If a layoff extends beyond a 1-year period, then the laid-off individual ceases to be eligible to purchase buy-in credit, repay a refund or, if returned to work, resume TDP payments on an existing agreement, unless the member demonstrates a continued employer-employee relationship as determined by the staff of the retirement system.

History

History: 2008 AACS.

Mich. Admin. Code R 38.44 Ten-year service requirement {#sec-r-38.44 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.44}

Rule 44. (1) An applicant for a disability allowance provided in MCL 38.24 of the act shall meet the 10-year requirement only under either of the following conditions:

(a) If the applicant has 10 years or more of service credit in a position covered by the act.

(b) If the applicant has 10 years or more of service credit when the applicant's service credit as an employee in a position covered by the act is combined with the service credit received under MCL 38.17, 17a, 17b, 17c, 17d, 17l or 17n of the act.

(2) An applicant for a disability allowance provided in MCL 38.24 of the act shall not be allowed to use either of the following:

(a) The provisions of the reciprocal retirement act, 1961 PA 88, MCL 38.1101, to meet the 10-year requirement set forth in MCL 38.24.

(b) Service credit purchased by the applicant under MCL 38.17g, 17h, 17i, 17m or 18(2) of the act to meet the 10-year requirement in MCL 38.24.

History

History: 2008 AACS.

Mich. Admin. Code R 38.45 Eligible domestic relations order {#sec-r-38.45 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.45}

Rule 45. (1) An eligible domestic relations order issued under the eligible domestic relations order act, MCL 38.1701, shall be drafted in conformity with applicable law and a true or certified copy filed with the staff of the retirement system before the effective date of the member's retirement.

(2) If the staff of the retirement system rejects an eligible domestic relations order as not in conformity with the applicable law, then a true or certified copy of an amended eligible domestic relations order that conforms with applicable law shall be filed with the staff of the retirement system before the effective date of the member's retirement.

History

History: 2008 AACS.

Mich. Admin. Code R 38.46 Domestic relations order {#sec-r-38.46 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.46}

Rule 46. (1) A domestic relations order, as defined in MCL 38.1702(c), shall be drafted in conformity with applicable law and filed with the staff of the retirement system before the member's death.

(2) If the staff of the retirement system rejects a domestic relations order as not in conformity with the applicable law, then a true or certified copy of an amended domestic relations order that conforms with applicable law shall be filed with the staff of the retirement system before the member's death.

History

History: 2008 AACS.

Mich. Admin. Code R 38.47 Duty; non-duty {#sec-r-38.47 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.47}

Rule 47. If a member requests a duty disability and the member has more than 10 years of credited service, then the staff of the retirement system shall review the application to determine if the member qualifies for either a duty or non-duty disability retirement allowance. If the staff of the retirement system denies the application for a duty disability, but recommends approval of the application for non-duty disability, then the board shall not consider the application for non-duty disability until after the expiration of the 60-day notice provided in R 38.24(1).

History

History: 2008 AACS.

Mich. Admin. Code R 38.48 Payment of retirement allowance {#sec-r-38.48 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.48}

Rule 48. A retirement allowance provided for in MCL 38.19, 19a, 19b, 19c and 19d of the act shall not be paid for any period of time before the date that the application is filed with the board.

History

History: 2008 AACS.

Mich. Admin. Code R 38.49 Retirement allowance; overpayment {#sec-r-38.49 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.49}

Rule 49. (1) If the retirement system pays a retirant or beneficiary more in a retirement allowance than he or she is entitled to receive, the retirement system shall do both of the following:

(a) Pursuant to MCL 38.41, immediately correct the error, notify the retirant or beneficiary of the correction of the error and provide the retirant or beneficiary with his or her correct retirement allowance.

(b) Not recover any overpayment to a retirant or beneficiary for those payments which the retirant or beneficiary received more than 6 years prior to the date of the notification to the retirant or beneficiary of the error by the retirement system except in each of the following situations when the retirement system shall recover the full amount of the overpayment:

(i) If the member, retirant, or beneficiary misrepresented the information provided to the retirement system and the retirement system calculated the retirement allowance based upon that incorrect information.

(ii) If the member, retirant, or beneficiary knew or should have known of the error and did not notify the retirement system of the error so that the retirement system could correct it.

(iii) If the annual retirement allowance which the retirant or beneficiary received was greater than the retirant's final average compensation.

(2) The retirement system shall recover the entire amount of the overpayment received by the retirant or beneficiary in the situations set forth in subrule (1)(b)(i), (ii) and (iii) of this rule by adjusting future payments to the retirant or beneficiary in such a manner that the actuarial equivalent of the correct benefit is paid. For purposes of determining the actuarial equivalent retirement allowance, the actuarially assumed interest rate shall be 8% with utilization of the 1983 group annuity and mortality table.

(3) Except as provided in subrule (1)(b) of this rule, depending upon which is most beneficial to the retirant or beneficiary, the retirement system shall recover the overpayment received by the retirant or beneficiary during the 6 years prior to the date of the notification of the error by doing either of the following:

(a) Allowing the retirant or beneficiary to repay the overpayment in 1 lump sum.

(b) Reducing the retirant's or beneficiary's correct monthly retirement allowance by 1 of the following:

(i) The same percentage as results from the amount of the highest monthly overpayment divided by the comparable actual monthly payment until the amount of the overpayment is recovered.

(ii) To the actuarial equivalent of the benefit calculated pursuant to MCL 38.41.

For purposes of determining the actuarial equivalent, the actuarially assumed interest rate shall be 8% with utilization of the 1983 group annuity and mortality table.

History

History: 2008 AACS.

Mich. Admin. Code R 38.50 Retirement allowance; underpayment {#sec-r-38.50 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.50}

Rule 50. (1) If the retirement system pays a retirant or beneficiary less in a retirement allowance than he or she is entitled to receive, then the retirement system shall do both of the following:

(b) At the election of the retirant or beneficiary, pay the underpayment in a lump sum or the actuarial equivalent.

(2) For purposes of determining the actuarial equivalent, the actuarially assumed interest rate shall be 8% with utilization of the 1983 group annuity and mortality table.

PART IV. DECLARATORY RULING

History

History: 2008 AACS.

Mich. Admin. Code R 38.51 Declaratory ruling {#sec-r-38.51 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.51}

Rule 51. (1) Any interested person may request a declaratory ruling from the board as provided by MCL 24.263 of the APA.

(2) A request for declaratory ruling shall consist of all of the following:

(a) Be in the form of a sworn statement.

(b) State the nature and purpose for the request.

(d) State the statute, rule, or order administered by the board that applies.

(e) Contain a statement establishing the relationship between the person requesting the ruling and the statute, rule, or order that applies.

(f) Contain the requested proposed ruling.

(3) An interested person who requests a declaratory ruling shall serve a copy of it upon every person referred to in the statement of facts included in the request.

(4) Within 90 days of receipt of a request for declaratory ruling that complies with this rule, the board shall respond to the request by doing 1 of the following:

(a) Issue the declaratory ruling.

(b) Deny the request for declaratory ruling.

History

History: 2008 AACS.

Public School Retirement Board Public School Retirement Board

R 38.1101 to R 38.1131 General Rules

Mich. Admin. Code R 38.1101 Definitions {#sec-r-38.1101 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1101}

DEPARTMENT OF MANAGEMENT AND BUDGET

PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD

GENERAL RULES

(By authority conferred on the public school employees' retirement board by section 25(2) of 1980 Act 300, MCL 38.1325(2).

PART 1. GENERAL PROVISIONS

Rule 101. As used in these rules:

(a) "Act" means Act No. 300 of the Public Acts of 1980, as amended, being S38.1301 et seq. of the Michigan Compiled Laws.

(b) "Applicant" means a person, member, retirant, or reporting unit claiming benefits under the act.

(c) "Benefits" means any provision in the act dealing with maintenance of the member's account or the computation of the allowance or eligibility therefor, and includes any and all procedures, policies, and proceedings applicable to such provision.

(d) "Board" means the Michigan public school employees' retirement board as provided for in the act.

(e) "Full-time student" means a person who is carrying 12 or more semester hours or its equivalent in any semester or equivalent instructional unit at a junior college, community college, college, or university.

(f) "System" means the Michigan public school employees' retirement system as provided in the act.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1102 Place of meetings {#sec-r-38.1102 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1102}

Rule 102. All meetings of the board, unless otherwise ordered by the president, shall be held in Lansing in the building where the offices of the public school employees' retirement system are situated.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1103 Regular meetings; time {#sec-r-38.1103 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1103}

Rule 103. Regular meetings of the board shall be held at such times as the needs of the board may require and subject to the provisions of Act No. 261 of the Public Acts of 1976, as amended, being S15.267 et seq. of the Michigan Compiled Laws.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1104 Annual meeting; election of officers {#sec-r-38.1104 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1104}

Rule 104. The annual meeting of the board shall be held in July. A president and vice-president shall be elected at the annual meeting and shall take office immediately upon election and serve until their successors are elected.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1105 Special meetings {#sec-r-38.1105 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1105}

Rule 105. Special meetings of the board may be held at any time consistent with Act No. 267 of the Public Acts of 1976, as amended, being S15.261 et seq. of the Michigan Compiled Laws, on call of the president or on written request to the secretary by the majority of the members of the board. Unless by unanimous consent, a special meeting shall not be held without 3 days' written notice to each member of the board.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1106 Quorum {#sec-r-38.1106 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1106}

Rule 106. (1) A majority of the board shall constitute a quorum for the transaction of business at a meeting of the board.

(2) When only 5 members of the board are present for a meeting, not less than 4 concurring votes shall be necessary for a decision.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1107 Order of business {#sec-r-38.1107 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1107}

Rule 107. The order of business at all regular meetings shall be as follows:

(a) Roll call.

(b) Approval of minutes.

(d) Consideration of financial report.

(e) Action on allowance applications.

(f) Unfinished business.

(g) New business.

(h) Special reports.

(i) Public comment.

(j) Adjournment.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1108 Declaratory rulings {#sec-r-38.1108 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1108}

Rule 108. (1) A person requesting a declaratory ruling from the board regarding a statute, rule, or order administered by the board shall submit, in duplicate, a sworn petition to the board setting forth all of the following information:

(a) The nature and purpose for the request.

(b) The statute, rule, or order administered by the board to which the request applies.

(d) The exact subject of the ruling required.

(2) Requests for more than 1 declaratory ruling regarding the same or different statute, rule, or order shall be submitted separately.

(3) When the board proposes to make a declaratory ruling, it will provide public notice and schedule a time for consideration at a regularly scheduled meeting of the board. The board shall provide public notice of declaratory rulings.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1109 Consideration and disposition of declaratory ruling requests {#sec-r-38.1109 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1109}

Rule 109. Within 90 days after receipt of a complete petition for a declaratory ruling, the board, after consultation, if necessary, with staff and the attorney general will act on the petition. A declaratory ruling shall receive a majority concurrence of the board members present and voting before it is issued to the interested person.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1110 Reporting unit; employee reports {#sec-r-38.1110 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1110}

Rule 110. In reporting service credit for all employees, the reporting unit shall include the hours worked along with such other information, as determined by the retirement system, as is necessary to determine eligibility for, and the amount of, retirement benefits. The reports shall be submitted in accordance with the schedules published in the Michigan public school employees' retirement system instruction manual.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1111 Delinquent member or employer contribution {#sec-r-38.1111 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1111}

Rule 111. (1) A member shall not be entitled to a retirement allowance based upon creditable reporting unit service performed under the contributory plan until the member has contributed to the retirement system an amount equal to the amount the member should have contributed according to the schedule governing contributions in effect at the time the creditable service was performed, together with interest at such rate as the retirement board shall determine. If a member who made payment for service performed under this rule dies or withdraws from service before the member's retirement allowance becomes effective and there is no other person entitled to an allowance, the payment shall be refunded upon request to the member, refund beneficiary, or, if none, a legal representative appointed by the court.

(2) Delinquent contributions for service performed under the noncontributory plan shall be the responsibility of the reporting unit where the service was performed and subject to penalties and interest as determined by the retirement board and statute.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1112 Board-determined rate of interest {#sec-r-38.1112 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1112}

Rule 112. The rate of interest for purposes of repayment of a refund, purchase of out-of-system public education service and other creditable service, and crediting individual member accounts shall be at such rate as the retirement board from time to time determines. For these purposes, the board may determine a rate of interest, hereafter referred to as the "board-determined rate of interest (BDRI)," which shall not exceed the assumed actuarial rate of return.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1113 Granting of service credit {#sec-r-38.1113 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1113}

Rule 113. The board shall grant a year of service credit to any member who has been employed during the school fiscal year from July 1 to June 30 for 170 days of not less than 6 hours per day. A maximum of 30 hours per week shall be accrued. The board may allow a year of service credit if the member was employed for a minimum of 150 days when it is needed to qualify a member or beneficiary for a monthly allowance in the final year of service. This minimum may also be used when the employing school agency's full-time employee's term of employment is less than 170 days.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1114 Fractional year of service {#sec-r-38.1114 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1114}

Rule 114. Where a member serves less than a school fiscal year, such time shall be credited as a fractional part of a school fiscal year in the proportion which the number of days actually served bears to the number of days that constitutes full-time service credit.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1115 Part-time employees; service credit {#sec-r-38.1115 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1115}

Rule 115. Part-time employees shall receive service credit for full-time service on the basis of 30 or more hours per week and proportionate credit for less than 30 hours on the basis of 30 hours for full-time credit in the proportion which the hours employed in the school fiscal year bear to 1,020 hours.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1116 Hours of employment for part-time instructors employed at institutions of higher education; service credit {#sec-r-38.1116 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1116}

Rule 116. Where a member is employed on less than a full-time basis to teach at an institution of higher education, the reporting unit shall report hours worked to the retirement system in the proportion that the member's class hours of credit taught bear to the class hours of credit taught that is required for similarly assigned full-time instructors at that reporting unit. This procedure shall be applicable whether or not the instructor is paid on the basis of credit or semester hours taught or on a per class basis.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1117 Credit for excluded employment {#sec-r-38.1117 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1117}

Rule 117. Service credit shall not be given except as authorized by the act for reporting unit employment which was specifically excluded from membership by statute or administrative directive, which includes, but is not limited to, all of the following:

(a) A retirant of the retirement system.

(b) A student in a reporting unit.

(c) An enrollee in a neighborhood youth corps program which is operated with funds from the office of economic opportunity or a person enrolled in a comparable youth training program designed to prevent high school dropouts and rehabilitate high school dropouts which is operated by an intermediate school district, except for such employment which is creditable as provided by the act.

(d) An independent contractor.

(e) An enrollee in a national youth administration program.

(f) A member of the optional retirement program provided by Act No. 156 of the Public Acts of 1967, as amended, being S38.381 et seq. of the Michigan Compiled Laws.

(g) A student teacher or similar training experience required for certification or degree purposes, unless that person also received compensation which was reasonably commensurate with the beginning compensation paid to a person already trained for the same position. In that event, the member shall be subject to the payment and certification provisions provided by R 38.1111 and R 38.1119, respectively.

(h) A person employed under Act No. 69 of the Public Acts of 1983, being S409.221 et seq. of the Michigan Compiled Laws, and known as the Michigan Youth Corps Act.

(i) A person engaged in some other type of employment not specifically included by statute or administrative directive.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1118 Student employment during vacation periods; service credit {#sec-r-38.1118 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1118}

Rule 118. Service credit shall be granted for public school employment rendered during the extended vacation period in which the person was enrolled but not attending classes within the same school system if the employment is not excluded as provided in R 38.1117.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1119 Proof of payment; documentation requirements; payment {#sec-r-38.1119 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1119}

Rule 119. (1) A member who requests service credit for public school employment which is provided for in R 38.1117, R 38.1118, or any other creditable reporting unit service, which was not reported to the retirement system shall submit at least 1 of the following proofs of service:

(a) An affidavit completed by the present school officer which certifies the employment on the basis of official payroll records on file with the reporting unit.

(b) If there are no official payroll records available, a member shall submit a missing record affidavit and either of the following proofs of service:

(i) Three citizens' corroborative affidavits and either a W-2 statement or an income tax return.

(ii) Other official school-produced records for the year or years in question.

(2) One of the 3 corroborative affidavits shall be completed by a person whose employment with the same reporting unit can be certified from official records and whose position would have afforded day-to-day knowledge of the member's employment.

(3) The retirement board may permit other proofs of service in addition to those described in subrule (1) of this rule.

(4) The missing record affidavit shall be a form prescribed by the retirement board for use by present school officers in those instances where official school records are not available from which to certify to a person's employment. The form shall require a statement as to why records are not available.

(5) A citizen's corroborative affidavit shall be a form prescribed by the retirement board for corroborating a person's public school employment and shall contain a notarized statement as to why the person is qualified to attest to the employment being certified. The form shall also state the penalty for providing misinformation with intent to deceive.

(6) The school officer's corroborative affidavit shall be a form prescribed by the retirement board for use by the present school officer in those instances where official school records are available from which to certify to a person's employment.

The form shall require a statement identifying the records used for completing the form.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1120 Out-of-system public education and other creditable service; certification; payment procedure {#sec-r-38.1120 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1120}

Rule 120. (1) An active member may, after satisfying the requirements of the act, purchase out-of-system public education and other creditable service. The board shall allow credit for out-of-system public education service if similar service performed in a reporting unit would be creditable. Such service shall not be creditable until the member makes payment in full. Partial payments for service performed before July 1, 1974, will be accepted up to the time of the final payment, which shall be not later than the effective date of the member's retirement allowance.The minimum partial payment shall be established by the board.

(2) The procedure for computing the compensation base for out-of-system public education and other creditable service which is performed after July 1, 1974, and payment procedure shall be the same as for the purchasing of nonintervening military service credit.

(3) It shall be the responsibility of the member to furnish, on forms provided by the retirement office, certification of creditable out-of-system public education and other creditable service. The certification shall be completed from official records in the possession of the educational agency, a public retirement system, or a governmental agency.

(4) It shall be the member's responsibility to obtain completed certification of service, on forms prescribed by the retirement board, of the member's creditable outof-system public education and other creditable service.

(5) An original copy of the certification of service is required, which shall also include a list of the salaries received each school fiscal year of the member's service. It shall also contain a statement by the school officer completing the certification that his or her statements are based upon official school records on file.

(6) If the support documents do not establish valid service credit, evaluation shall be based on annual composite summary listings.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1121 Nonintervening military service credit; payment procedure {#sec-r-38.1121 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1121}

Rule 121. To be processed, an application for nonintervening military service credit shall be received in the retirement office before June 15 of the school fiscal year upon which payment is to be based. A military payment received which is postmarked after the last date of the school fiscal year upon which the payment is to be based will be returned to the member. If the June 30 deadline is not met, the member shall reapply.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1122 Eligibility to purchase other creditable service or repay a refund {#sec-r-38.1122 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1122}

Rule 122. The purchase of any service creditable by statute, excluding repayment of a refund, shall be made while an individual is a member of the retirement system, except that payment by a disability applicant shall be permitted if full payment is made before the effective date of the allowance.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1123 Evaluation of service credit; insufficient documentation {#sec-r-38.1123 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1123}

Rule 123. If support documents are insufficient to establish valid service credit, evaluation shall be based on composite summary listings compiled and maintained by the retirement system.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1124 Repayment of refunds {#sec-r-38.1124 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1124}

Rule 124. A member, after satisfying the requirements for repaying a refund, may make payment in full or may elect to make installment payments. The minimum installment payment shall be established by the board.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1125 Refunds; probate court orders {#sec-r-38.1125 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1125}

Rule 125. A written order by the judge of probate of the county of residence instructing the retirement board to make a refund to the administrator or executor of the estate of a deceased member or other qualified person designated by such judge of probate may be accepted in place of the written nomination of beneficiary if a valid written nomination of beneficiary is not on file with the system.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1126 Application for retirement; cancellation {#sec-r-38.1126 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1126}

Rule 126. (1) Application for retirement shall be made on forms furnished by the retirement board and shall be filed with the secretary of the retirement board. A letter of inquiry relative to retirement is not an application for retirement.

(2) A completed retirement application may be cancelled by the applicant if the retirement system has not processed the initial monthly payment.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1127 Final average compensation {#sec-r-38.1127 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1127}

Rule 127. (1) Compensation means the remuneration received by a member, as defined in the act, and includes items of an economic value as specifically fixed by the retirement board. Only if the kind of remuneration or item of economic value received by a member is specifically authorized by either the retirement statute or by the retirement board shall it be included in computing the member's final average compensation.

(2) All payments to a member, or made on the member's behalf, recognizable as compensation which were made under the noncontributory plan, but which were not reported to the retirement system at the time the payment was made, shall be verified from official reporting unit records and certified by the president and secretary of the board of control. The respective contribution shall be the responsibility of the reporting unit and is subject to penalties and interest as determined by the retirement board and statute.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1128 Post-retirement employment {#sec-r-38.1128 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1128}

Rule 128. A retirant may, after 1 month immediately following his or her retirement allowance effective date, become employed in a reporting unit or with the state of Michigan in a position which is covered by Act No. 240 of the Public Acts of 1943, as amended, being S38.1 et seq. of the Michigan Compiled Laws, and earn as much as is permitted by the act.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1129 Suspension of retirement allowance; health insurance coverage {#sec-r-38.1129 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1129}

Rule 129. (1) If a retirement allowance is suspended for any reason provided by statute, and if the person is enrolled in the retirement system's health insurance plan, the retirement system's subsidy shall also cease until the date the retirant again becomes eligible to receive a monthly allowance. During the period of suspension, the retirant shall be given the option to continue with the health insurance plan, but without retirement system subsidy, if applicable.

(2) Instead of suspending a retirement allowance where excess postretirement earnings are involved, the retirant may pay the retirement system, in a single lump sum, the total amount of the excess earnings, in which case the retirement allowance and health insurance subsidy shall not be discontinued. As an alternative, the retirant may choose to have his or her monthly allowance reduced over a period of not more than 12 months by an amount which will repay the system the excess earnings so received, if the reduced allowance is not less than 50% of the unreduced allowance.

The retirement system's subsidy for the cost of the health insurance plan shall be continued during the period of reduced allowance payments.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1130 Proof of dependency {#sec-r-38.1130 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1130}

Rule 130. When the act requires that a person be 50% or more financially dependent to be eligible to receive a retirement benefit, or to be designated as a potential retirement allowance beneficiary, a spouse or unmarried child under the age of 18 shall be presumed to be 50% or more dependent. For all other persons, proof of dependency shall be based upon a formula which recognizes all sources of income, including income derived from assets, plus all income received by the member or former member. The resulting sum thereof shall be divided by 4 to determine 50% of the person's own personal support. A financial statement and any other financial records deemed desirable shall be required for verifying eligibility.

History

History: 1985 AACS.

Mich. Admin. Code R 38.1131 Rescission {#sec-r-38.1131 omnilex-key=us-mi-regs-official--dept-technology-management-and-budget--R 38.1131}

Rule 131. R 38.221 to R 38.235 and R 38.301 to R 38.308 of the Michigan Compiled Laws, appearing on pages 366 to 369 of the 1979 Michigan Administrative Code, are rescinded.

History

History: 1985 AACS.