Section 38.1628 - Retirement due to nonduty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member's estate. - Michigan Statutes

STATE POLICE RETIREMENT ACT OF 1986 (EXCERPT)
Act 182 of 1986

38.1628 Retirement due to nonduty incurred disability; amount of retirement allowance; payment to surviving spouse or children; payment to deceased member's estate.

Sec. 28.

(1) A member who retires due to nonduty incurred disability on or after the effective date of this act and after completing 10 years of credited service under this act or former Act No. 251 of the Public Acts of 1935, or both, shall be entitled to receive a retirement allowance equal to 2.4% of the member's final average compensation times the number of years, including any fraction of a year, of service credited to the member pursuant to this act or former Act No. 251 of the Public Acts of 1935, or both, but not to exceed 25 years, during the period of disability. If a retirant receiving a retirement allowance under this section dies, the retirement allowance shall continue to be paid to the surviving spouse for the rest of the spouse's life in an amount equal to the retirement allowance which the member was receiving on the date of his or her death.

(2) For purposes of this section, if there is no surviving spouse or upon the spouse's death, then the retirement allowance shall be paid to the children under the age of 18 of the member, share and share alike. If there are no eligible children remaining after the spouse's death, then there shall be paid to the deceased member's estate any residual accumulated contributions and interest made by him or her into the reserve for employee contributions.

History: 1986, Act 182, Eff. Oct. 1, 1986