HARVEY v. STATE

Docket No. 121672, Calendar No. 8.

664 N.W.2d 767 (2003)

Annabelle R. HARVEY, beneficiary and successor of Paul Harvey, deceased, and Michael F. Merritt, Judge, retired, substituted for Bruce A. Fox, Judge, retired, Plaintiffs-Appellees, v. STATE of Michigan, DEPARTMENT OF MANAGEMENT AND BUDGET, BUREAU OF RETIREMENT SERVICES, and Judges Retirement Board, Defendants-Appellants.

Supreme Court of Michigan.

Decided July 16, 2003.


Attorney(s) appearing for the Case

Michael F. Merritt, Brighton, MI, and Kasiborski, Ronayne & Flaska, P.C., (by Chester E. Kasiborski, Jr. and Kenneth A. Flaska), Detroit, MI, for the plaintiffs-appellees.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Stephen M. Rideout, Assistant Attorney General, Lansing, MI, for the defendants-appellants.


MARILYN J. KELLY, J.

We took this case to consider the constitutionality of the district court judicial pension provisions of the Judges Retirement Act, M.C.L. § 38.2101 et seq., as amended in the court reorganization act of 1980, 1980 PA 438 through 443.1 The Court of Appeals reviewed plaintiffs' equal protection challenge and concluded that the statute was unconstitutional, utilizing the intermediate scrutiny test. We hold...

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