Issue 5. Who is permitted to deduct public benefits without limitation under subsection (11) of Section 30?

Answer: The statute defines 3 categories of law enforcement retirees eligible for the subsection 30(11) deduction: (1) public police or fire department employees subject to 1969 PA 312, MCL 423.231 to 423.247 (the Compulsory Arbitration of Labor Disputes in Police and Fire Departments Act); (2) state police troopers or state police sergeants subject to 1980 PA 17, MCL 423.271 to 423.287 (the Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants Act); and (3) corrections officers employed by a county sheriff in a county jail, work camp, or other facility maintained by a county that houses adult prisoners. Retirees must receive retirement benefits for services as one of the following:

(1) Public police or fire department employees. Section 30(11) applies to a person with benefits received for services as “ a public police or fire department employee subject to 1969 PA 312, MCL 423.231 to 423.247 [the Compulsory Arbitration of Labor Disputes in Police and Fire Departments Act].” As referenced, the Compulsory Arbitration of Labor Disputes in Police and Fire Departments Act generally requires the labor disputes of certain police and fire department employees to be subject to mandatory arbitration. The Act only applies to a “public police or fire department employee,” which Section 2(1)(d) of the Act, MCL 432.232(1)(d), defines, in pertinent part, as:

[A]ny employee of a city, county, village, township, or institution of higher education, or of any authority, district, board, or any other entity created in whole or in part by the authorization of 1 or more cities, counties, villages, townships, or institutions of higher education, whether created by statute, ordinance, contract, resolution, delegation, or any other mechanism, who is engaged as a police officer or in firefighting or who is subject to the hazards thereof; a corrections officer employed by a county sheriff in a county jail, work camp, or other facility maintained by a county and that houses adult prisoners; emergency medical service personnel employed by a public police or fire department; or an emergency telephone operator, but only if directly employed by a public police or fire department.

By referring to a “public police or fire department employee” subject to the Compulsory Arbitration of Labor Disputes in Police and Fire Departments Act, Section 30(11) expressly incorporates the requirements of that Act. As a result, public police and fire department employees eligible for the benefit under Section 30(11) include the following:

Police officers or firefighters employed by a city, county, village, township, or institution of higher education;

County corrections officers (see below for additional information);

Emergency medical service personnel employed by a public police or fire department;

Emergency telephone operators, but only if directly employed by a public police or fire department. [MCL 432.232(1)(d)].

Certain public employees are not eligible under Section 30(11). This includes support staff, administrative staff, and other non-emergency personnel who work within a police or fire department but are not subject to compulsory arbitration under 1969 PA 312. This also includes Huron-Clinton Metropark employees, and emergency telephone operators employed by a 911 authority or consolidated dispatch center. MCL 432.232(1)(d)(i)-(ii). Likewise, law enforcement retirees who worked outside Michigan during their careers were not subject to Michigan laws requiring compulsory arbitration of labor disputes and are therefore not eligible under Section 30(11).

(2) State Troopers or Sergeants. Section 30(11) refers to a person with benefits received for services as a “state police trooper or state police sergeant subject to 1980 PA 17, MCL 423.271 to 423.287 [the Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants Act].” As referenced, the Compulsory Arbitration of Labor Disputes of State Police Troopers and Sergeants Act only applies to Michigan State Police (MSP) employees with the rank of trooper or sergeant. MCL 423.272(2). The Act does not apply to MSP employees at higher ranks, including the ranks of lieutenant, inspector, captain, major, lieutenant colonel, or colonel. MCL 28.8. Eligibility under Section 30(11) is therefore limited to MSP retirees that receive benefits for services at the rank of trooper or sergeant.

Frequently, an MSP employee may work as a trooper or sergeant before being promoted to higher ranks. Even though these higher ranks are not eligible under Section 30(11), the benefits received by that employee upon retirement include some portion of benefits for services performed at the rank of trooper or sergeant. Because in this case the retiree received benefits for services as a state police trooper or sergeant, that retiree qualifies under Section 30(11). In other words, MSP employees who serve as a trooper or sergeant before rising to a higher rank will remain eligible under Section 30(11), and an individual’s rank at the time of retirement is not determinative of eligibility under Section 30(11).

(3) County Corrections Officers. Section 30(11) refers to a person with benefits received for services as a “corrections officer employed by a county sheriff in a county jail, work camp, or other facility maintained by a county that houses adult prisoners.” Even though “corrections officer” is not specifically defined within Section 30(11), its meaning is understood by context based on the laws that regulate corrections officers working in Michigan counties. Indeed, any “local corrections officer” that is employed by a Michigan county sheriff in a “local correctional facility” is subject to the Local Corrections Officer Training Act, MCL 791.531 et seq. , which establishes certain educational, training, and certification requirements applicable to local corrections officers. For this purpose, a “local corrections officer” is defined as “any person employed by a county officer in a local correctional facility as a corrections officer or that person’s supervisor or administrator.” MCL 791.532(e). A “local correctional facility” is defined as a “county jail, work camp, or any other facility maintained by a county that houses adult prisoners.” MCL 791.532(d). Within this context, a “corrections officer employed by a county sheriff in a county jail, work camp, or other facility maintained by a county that houses adult prisoners” effectively describes those persons certified to work as a local corrections officer under the Local Corrections Officer Training Act. As a result, the deduction under Section 30(11) is available only for retired corrections officers who were certified as such under the Local Corrections Officer Training Act.

Limited in this way, not all corrections staff will qualify under Section 30(11). For example, certain staff that work within a local correctional facility – such as administrative staff or support staff – are not required to be certified as corrections officers and, therefore, do not qualify for Section 30(11). Likewise, state corrections officers are not generally subject to the Local Corrections Officer Training Act and are not eligible under Section 30(11). Additionally, other county employees who are not specifically required to be certified as correctional officers in their job duties, such as a probate officer or pretrial officer, are also not eligible under Section 30(11).