Section R. 38.1205 - Notification when allowance is terminated or reducedRule 205.
(1) Except in the case of death of the retirant or retirement allowance beneficiary, where the system decides to terminate a monthly age and service or disability benefit granted pursuant to the provisions of section 81, 86, or 87 of the act, the retirant or retirement allowance beneficiary shall be notified in advance of the decision to terminate and the reasons therefor, and shall receive a statement of rights under the act and applicable rules to appeal such decision. If benefits granted under section 89 or 90 of the act are to be terminated, the decision of the system may be implemented 20 days following notice to the retirement allowance beneficiary. If benefits granted pursuant to section 81, 86, or 87 of the act are to be terminated, the benefits shall be continued if the retirant or retirement allowance beneficiary requests a hearing under R 38.1202 pending the conclusion of the hearing and action of the board subsequent to a recommendation for decision by the hearing officer. Following the decision of the board, its decision may be implemented. If the retirant or retirement allowance beneficiary dies, a decision of the system may be implemented. As set forth in section 88 of the act, the decision of the system may be implemented if a disability retirant refuses to submit to a medical examination.(2) Except in the case of death of the retirant or retirement allowance beneficiary, where the system decides to reduce, by more than 10%, a monthly age and service or disability benefit pursuant to the provisions of section 81, 86, or 87 of the act, the retirant or retirement allowance beneficiary shall be notified in advance of the decision to reduce by more than 10% and the reasons therefor, and shall receive a statement of rights under the act and applicable rules to appeal such decision. If benefits granted under section 89 or 90 of the act are to be reduced by more than 10%, the decision of the system may be implemented 20 days following notice to the retirement allowance beneficiary. If benefits granted pursuant to section 81, 86, or 87 of the act are to be reduced by more than 10%, the benefits shall be continued if the retirant or retirement allowance beneficiary requests a hearing under R 38.1202 pending the conclusion of the hearing and action of the board subsequent to a recommendation for decision by the hearing officer. Following the decision of the board, its decision may be implemented.
Mich. Admin. Code R. 38.1205