HOUSE BILL No. 4912

 

May 12, 2009, Introduced by Rep. Smith and referred to the Committee on Labor.

 

     A bill to amend 1943 PA 240, entitled

 

"State employees' retirement act,"

 

by amending section 45 (MCL 38.45), as amended by 2002 PA 743.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 45. As used in sections 45 to 47:

 

     (a) "Covered position" means any of the following:

 

     (i) On or after January 1, 1989, a position in the classified

 

civil service with a classification of corrections officer;

 

resident unit officer; corrections medical aide; corrections shift

 

supervisor; corrections security specialist; deputy prison warden;

 

or departmental administrator-prison warden.

 

     (ii) On or after January 1, 1989, a position that is assigned

 

to a work station inside the security perimeter of a state

 


correctional facility designated as "medium", "close", or

 

"maximum".

 

     (iii) On or after January 1, 1989, a position within a state

 

correctional facility that requires the employee to be in direct

 

contact with prisoners for more than 50% of the employee's work

 

time performing supervisory or disciplinary duties including 1 or

 

more of the following:

 

     (A) Supervising prisoners in the performance of tasks.

 

     (B) Supervising prisoners for the purpose of enforcing the

 

facility's rules.

 

     (C) Direct participation in the disciplinary process.

 

     (iv) On or after January 1, 1989, a position with the center

 

for forensic psychiatry that is classified by civil service as

 

forensics security aide IIB, forensics security aide IIIB,

 

forensics security supervisor IVB, forensics security supervisor

 

VB, forensics security supervisor VIB, or forensics supervisor VII,

 

and on and after January 1, 2009, a position with the center for

 

forensic psychiatry that is classified by civil service as

 

registered nurse manager 13.

 

     (v) A position that was a covered position under this section

 

before January 1, 1989, that is excluded by subparagraphs (i), (ii),

 

(iii), and (iv), if and only as long as the person in the position on

 

January 1, 1989, continues in the position after January 1, 1989.

 

     (b) "Supplemental member" means a member who is employed in a

 

covered position.

 

     (c) "Covered service" means credited service acquired in a

 

covered position.

 


     (d) "Supplemental final average compensation" means 1/3 of the

 

compensation paid a supplemental member during the period of 3

 

consecutive years of the member's covered service producing the

 

highest average and contained within the member's last 10 years of

 

credited service immediately preceding the date the member's

 

employment in a covered position last terminates.

 

     (e) "State correctional facility" means a facility under the

 

jurisdiction of the department of corrections that has a

 

designation of "maximum", "close", "medium", "minimum", "prison

 

camp", or "correction center".