Mich. Comp. Laws § 38.2701
Short title.
This act shall be known and may be cited as the "public employee retirement benefits forfeiture act".
Michigan Compiled Laws — PUBLIC EMPLOYEE RETIREMENT BENEFITS FORFEITURE ACT (Act 350 of 1994)
Michigan · statute · 350 of 1994, Mich. Comp. Laws · 6 active provisions
Provisions
Mich. Comp. Laws § 38.2702
Definitions.
As used in this act: (a) "Felony arising out of his or her service as a public employee" means 1 or more of the following: (i) A felony resulting from the misuse of public funds. (ii) A felony resulting from the receipt of a bribe or other financial benefit in that individual's capacity as a public employee. (b) "Membe…
Mich. Comp. Laws § 38.2703
Forfeiture of retirement rights.
A member or retirant who, before the effective date of the amendatory act that added section 4a, is convicted of or enters a nolo contendere plea accepted by a court for a felony arising out of his or her service as a public employee is considered to have breached the public trust and may have his or her rights to an o…
Mich. Comp. Laws § 38.2704
Court; forfeiture order; contents; delivery to retirement system.
(1) If a member or retirant, before the effective date of the amendatory act that added section 4a, is convicted of or enters a nolo contendere plea accepted by the court for a felony arising out of his or her service as a public employee, the court may order forfeiture as provided in this section. If a member or retir…
Mich. Comp. Laws § 38.2704a
Freezing of retirement benefit; court order; delivery to retirement system; "prosecuting agency" defined.
(1) A retirement benefit subject to forfeiture under this act may be frozen pursuant to a freezing order issued by the court on a showing of probable cause that the retirement benefit is subject to forfeiture. (2) On an ex parte application by the prosecuting agency, the court may determine ex parte whether there is pr…
Mich. Comp. Laws § 38.2705
Retirement system; compliance with court order.
(1) The retirement system shall comply with an order of the court described in section 4 or 4a. The retirement system shall not pay to a member or retirant whose retirement benefit is forfeited or frozen under this act any retirement benefits on or after the day the governing body of the retirement system receives the…