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STONE v. STATE

Docket No. 120211.

651 N.W.2d 64 (2002)

467 Mich. 288

John T. STONE and Phillip M. Stevens, Plaintiffs-Appellees, v. STATE of Michigan and Department of Treasury, Defendants-Appellants.

Supreme Court of Michigan.

September 24, 2002.

Attorney(s) appearing for the Case

Hubbard, Fox, Thomas, White & Bengston, P.C. by Michael G. Woodworth, Lansing, for plaintiffs-appellees.

Phillip M. Stevens, Okemos, in propria persona.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Kevin T. Smith. Assistant Attorney

General, Lansing, for defendants-appellants.

PER CURIAM.

I

At issue is whether the plaintiffs, members of a class consisting of those who retired under the state's 1996 early retirement program,1 are subject to withholding for state and local income taxes on monthly accumulated sick leave payments pursuant to M.C.L. § 38.19f(3). The Court of Claims and the Court of Appeals concluded these payments were not taxable. We reverse because we conclude that these sick leave...

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