DISABILITY RETIREMENT;

House Bill 5899

Committee: Senior Health, Security and

Complete to 7-12-00

A SUMMARY OF HOUSE BILL 5899 AS INTRODUCED 6-20-00

Under the State Employees' Retirement Act, a member of the retirement system who becomes totally incapacitated for duty because of a personal injury or disease that has occurred as "the natural and proximate result" of state employment is eligible for a duty disability retirement allowance. The statute defines "member" as an active state employee.

House Bill 5899 would amend the act to specify that for purposes of eligibility for a duty disability retirement allowance, a "member" would include, on or after January 1, 1993, a state employee who:

has separated from state service, or been terminated, because of an incapacity; and

is a party to an administrative or judicial proceeding, including but not limited to a grievance proceeding, that relates to the separation or termination from state service.

The bill specifies that such a person would have three years after the termination of the proceeding, or three years after the termination of all appeals taken from the proceeding, whichever is later, to file an application for a disability retirement allowance with the retirement board.

MCL 38.21

Analyst: D. Martens

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.