HOUSE BILL No. 4216


     February 13, 2001, Introduced by Reps. Anderson, Bernero, Bovin, Plakas, Dennis, Bogardus, O'Neil, Minore, Basham,
Gieleghem, Rison and Schermesser and referred to the Committee on Appropriations.


        A bill to amend 1943 PA 240, entitled

   "State employees' retirement act,"

   by amending section 21 (MCL 38.21).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 21.  (1) Subject to  the provisions of  sections 33 and

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      34,  upon  ON the application of a member, or his OR HER depart-

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      ment head, or the state personnel director, a member who becomes

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      totally incapacitated for duty in the service of  the  THIS state

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       of Michigan  without willful negligence on his OR HER part, by

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      reason of a personal injury or disease, which the retirement

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      board finds to have occurred as the natural and proximate result

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      of the  said  member's actual performance of duty in the service

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      of the state, shall be retired.  :  Provided, The 

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           (2) IN ORDER FOR THE RETIREMENT BOARD TO FIND THAT A MEMBER

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      IS ENTITLED TO RETIREMENT UNDER THIS SECTION, THE medical advisor


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      after a medical examination of  said  THE member shall certify in

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      writing that  said  THE member is mentally or physically totally

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      incapacitated for the further performance of duty in the service

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      of  the  THIS state,  and that such  THE incapacity will
   probably

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      be permanent, and  that said  THE member should be retired.  :

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      And provided further, That 

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           (3) IN ORDER FOR THE RETIREMENT BOARD TO FIND THAT A MEMBER

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      IS ENTITLED TO RETIREMENT UNDER THIS SECTION, the retirement

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      board  concurs  SHALL CONCUR in the recommendation of the medical

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      advisor.

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           (4) FOR PURPOSES OF THIS SECTION, ON OR AFTER JANUARY 1,

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      1993, MEMBER INCLUDES A STATE EMPLOYEE WHO HAS SEPARATED FROM

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      SERVICE BECAUSE OF AN INCAPACITY OR HAS BEEN TERMINATED FROM

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      SERVICE BECAUSE OF AN INCAPACITY AND WHO IS A PARTY TO AN ADMIN-

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      ISTRATIVE OR JUDICIAL PROCEEDING, INCLUDING, BUT NOT LIMITED TO,

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      A GRIEVANCE PROCEEDING, THAT RELATES TO THE SEPARATION OR TERMI-

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      NATION FROM SERVICE.  A MEMBER HAS 5 YEARS AFTER THE TERMINATION

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      OF A PROCEEDING THAT RELATES TO THE SEPARATION OR TERMINATION

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      FROM SERVICE OR 5 YEARS AFTER THE TERMINATION OF ALL APPEALS

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      TAKEN FROM THE PROCEEDING THAT RELATES TO THE SEPARATION OR TER-

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      MINATION FROM SERVICE, WHICHEVER IS LATER, TO FILE AN APPLICATION

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      FOR A DISABILITY RETIREMENT ALLOWANCE WITH THE RETIREMENT BOARD.













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