MUSSELMAN v. GOVERNOR

Docket Nos. 97322, 97915, (Calendar No. 7).

450 Mich. 574 (1996)

MUSSELMAN v. GOVERNOR.

Supreme Court of Michigan.

Decided February 12, 1996.


Attorney(s) appearing for the Case

White, Przybylowicz, Schneider & Baird, P.C. (by Karen Bush Schneider, James A. White, Suzanne Krumholz Clark, and Jeffrey C. Murphy), for the plaintiffs.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Susan I. Leffler and Michael J. Moquin, Assistant Attorneys General, for defendants-appellees.

Amici Curiae:

Graham K. Crabtree, Assistant Senate Majority Counsel, Alfred H. Hall, Senate Majority Counsel, Judith M. Barton, Chief Policy and Legal Counsel, and Laura A. Chappelle, Attorney, for Dick Posthumus, Paul Hillegonds, Harry Gast, Donald Gilmer, Dan DeGrow, and Glenn Oxender.

Howard & Howard Attorneys, P.C. (by Donald F. Tucker, Wade E. Haddad, and Ellen M. Harvath), for Michigan Association of Retired School Personnel.

Jack Timmony, Assistant Corporation Counsel, for the City of Detroit Law Department.

Cohl, Stoker & Toskey, P.C. (by Peter A. Cohl and David M. Foy), for Michigan Association of Counties, Michigan Townships Association, and Michigan Municipal League.

Michael J. VanOverbeke for the City of Detroit Employees Benefit Plan.

Varnum, Riddering, Schmidt & Howlett (by John Patrick White) for Ferris State University, Eastern Michigan University, Western Michigan University, Michigan Technological University, and Northern Michigan University.


ON REHEARING

BRICKLEY, C.J. (concurring in part and dissenting in part).

With the benefit of rehearing and reconsideration of the merits of this significant case, I find that I cannot, as I did in this Court's original offering, join the opinion of Justice BOYLE to the extent that it finds it necessary to interpret the meaning of "financial benefits" as the term applies to Const 1963, art 9, § 24.

That opinion concludes, as did the Court...

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