2007 House Bill 4800 / Public Act 95

Repeal dual state employee pension/salary loophole

Introduced in the House

May 17, 2007

Introduced by Rep. Lorence Wenke (R-63)

To repeal a provision of the state employee pension law that allows an employee to “retire,” start collecting a pension, and then return to work for state either directly or through a contractual arrangement with a third party, collecting a wage or salary while simultaneously collecting pension benefits. The bill would suspend pension payments while an individual worked for the state, directly or indirectly. The bill is part of a government pension reform package comprised of House Bills 4799 to 4809.

Referred to the Committee on Oversight and Investigations

May 22, 2007

Reported without amendment

Without amendment and with the recommendation that the bill pass.

May 23, 2007

Substitute offered by Rep. Steve Tobocman (D-12)

To "tie bar" the bill to House Bill 4500, which would increase the income tax from 3.9 percent to 4.6 percent. This means the pension reform could not take place unless the tax hike also did.

The substitute passed by voice vote

Passed in the House 61 to 39 (details)

To repeal a provision of the state employee pension law that allows an employee to “retire,” start collecting a pension, and then return to work for state either directly or through a contractual arrangement with a third party, collecting a wage or salary while simultaneously collecting pension benefits. The bill would suspend pension payments while an individual worked for the state, directly or indirectly. The bill was amended to "tie bar" it to House Bill 4500, to increase the income tax from 3.9 percent to 4.6 percent. This means the pension reform could not take place unless the tax hike also did. Note: Reps. Brown, Caswell, Caul, Clack, Cushingberry, Lindberg, Meadows, Nofs and Alma Smith all abstained because of a possible conflict of interest. They either currently receive or are vested in a government pension plan.

Received in the Senate

May 24, 2007

Referred to the Committee on Local, Urban, and State Affairs

Sept. 18, 2007

Substitute offered

To adopt a version of the bill that is not "tie-barred" to an income tax increase, and also suspends post-retirement health care benefits while the person is again working for a unit of government.

The substitute passed by voice vote

Passed in the Senate 37 to 0 (details)

Pension law that allows an employee to “retire,” start collecting a pension, and then return to work for state either directly or through a contractual arrangement with a third party, collecting a wage or salary while simultaneously collecting pension benefits. The bill would suspend pension payments while an individual worked for the state, directly or indirectly, and also suspend post-retirement health insurance benefits if the person was eligible for employer-sponsored coverage, or Medicare (the federal health plan for seniors).

Received in the House

Sept. 18, 2007

Sept. 30, 2007

Substitute offered by Rep. Steve Tobocman (D-12)

To replace the previous version of the bill with one that "tie bars" the bill to Houses Bills <a href="http://www.michiganvotes.org/2007-HB-5194">5194</a> and <a href="http://www.michiganvotes.org/2007-HB-5198">5198</a>, tax hikes that total $1.5 billion.

The substitute passed by voice vote

Passed in the House 97 to 12 (details)

To repeal a provision of the state employee pension law that allows an employee to “retire,” start collecting a pension, and then return to work for state either directly or through a contractual arrangement with a third party, collecting a wage or salary while simultaneously collecting pension benefits. The bill would suspend pension payments while an individual worked for the state, directly or indirectly, and also suspend post-retirement health insurance benefits if the person was eligible for employer-sponsored coverage, or Medicare (the federal health plan for seniors). Passage of the bill occurred as part of a deal to avoid reducing state spending in the 2007-2008 Fiscal Year by imposing $1.5 billion in tax increases, including an increase in the state income tax from 3.9 percent to 4.35 percent (<a href="http://www.michiganvotes.org/RollCall.aspx?ID=237062">House Bill 5194</a>) and imposing a 6 percent tax on many personal and business services (<a href="http://www.michiganvotes.org/RollCall.aspx?ID=237048">House Bill 5198</a>).

Received in the Senate

Sept. 30, 2007

To concur with the House-passed version of the bill, which tie-bars it to a state income tax hike (<a href="http://www.michiganvotes.org/RollCall.aspx?ID=237024">House Bill 5194</a>) and a new 6 percent tax on many personal and business services (<a href="http://www.michiganvotes.org/RollCall.aspx?ID=237025">House Bill 5198</a>), part of a deal to avoid spending cuts in the Fiscal Year 2007-2008 budget.

Passed in the Senate 38 to 0 (details)

To repeal a provision of the state employee pension law that allows an employee to “retire,” start collecting a pension, and then return to work for state either directly or through a contractual arrangement with a third party, collecting a wage or salary while simultaneously collecting pension benefits. The bill would suspend pension payments while an individual worked for the state, and also suspend post-retirement health insurance benefits if the person was eligible for employer-sponsored coverage, or Medicare (the federal health plan for seniors). Passage of the bill occurred as part of a deal to avoid reducing state spending in the 2007-2008 Fiscal Year by imposing $1.5 billion in tax increases, including an increase in the state income tax from 3.9 percent to 4.35 percent (<a href="http://www.michiganvotes.org/RollCall.aspx?ID=237024">House Bill 5194</a>) and imposing a 6 percent tax on many personal and business services (<a href="http://www.michiganvotes.org/RollCall.aspx?ID=237025">House Bill 5198</a>).

Signed by Gov. Jennifer Granholm

Oct. 1, 2007