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Terms Used In Michigan Laws 38.1132c

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Fiduciary: A trustee, executor, or administrator.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
    (1) “Investment fiduciary” means a person other than a participant directing the investment of the assets of his or her individual account in a defined contribution plan who does any of the following:
    (a) Exercises any discretionary authority or control in the investment of a system’s assets. Investment fiduciary under this subdivision includes the state treasurer and his or her investment personnel for the systems described in section 13(4).
    (b) Renders investment advice for a system for a fee or other direct or indirect compensation.
    (2) “Invest” or “investment” means the utilization of money in the expectation of future returns in the form of income or capital gain. Investments initially purchased in accordance with this act that subsequently do not qualify for purchase for any reason shall be considered to continue to meet the requirements of this act. Investment includes a guarantee by an investment fiduciary but does not include, as a sole investment, a pledge of the system’s assets as collateral to guarantee the repayment of obligations made by a third party to a borrower.
    (3) “Investment grade” means graded in the top 4 major grades as determined by 2 national rating services.
    (4) “Large sponsored system” means a system created and established by a city that is subject to a plan for adjustment and that meets 1 or more of the following conditions:
    (a) The city has a population of more than 600,000.
    (b) The system has discharged at least $1,000,000,000.00 of pension liabilities in bankruptcy.