STUDIER v. MPSERB

Docket Nos. 125765, 125766. COA. No. 2.

698 N.W.2d 350 (2005)

472 Mich. 642

Alberta STUDIER, Patricia M. Sanocki, Mary A. Nichols, Laviva M. Cabay, Mary L. Woodring, and Mildred E. Wedell, Plaintiffs-Appellants, v. MICHIGAN PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD, Michigan Public School Employees' Retirement System, Department of Management and Budget, and Treasurer of Michigan, Defendants-Appellees, Alberta Studier, Patricia M. Sanocki, Mary A. Nichols, Laviva M. Cabay, Mary L. Woodring, and Mildred E. Wedell, Plaintiffs-Appellees, v. Michigan Public School Emloyees' Retirement Board, Michigan Public School Employees' Retirement System, Department of Management and Budget, and Treasurer of Michigan, Defendants-Appellants.

Supreme Court of Michigan.

June 28, 2005.


Attorney(s) appearing for the Case

White, Schneider, Young & Chiodini, P.C. (by Karen Bush Schneider, James A. White, and J. Matthew Serra), Okemos, MI, for the plaintiffs.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Larry F. Brya, Tonatzin M. Alfaro Maiz, and Suzanne R. Dillman, Assistant Attorneys General, Lansing, MI, for the defendants.

Keller Thoma, P.C. (by Dennis B. DuBay, Richard W. Fanning, Jr., and Barbara A. Rohrer), Detroit, MI, for amici curiae the Michigan Municipal League and the Michigan Townships Association.

Miller, Canfield, Paddock and Stone, PLC (by Orin D. Brustad and Larry J. Saylor), and Butzel Long (by Robert G. Buydens and John H. Dudley, Jr.), Detroit, MI, for amici curiae the Board of Governors of Eastern Michigan University, Central Michigan University, Lake Superior State University, Western Michigan University, Northern Michigan University, Ferris State University, and Michigan Technological University.

Fletcher Clark Tomlinson Fealko & Monaghan, P.C. (by Gary A. Fletcher and William L. Fealko), Port Huron, MI, for amici curiae County of St. Clair.

Thrun Law Firm, P.C. (by C. George Johnson and Roy H. Henley), Lansing, MI, for amici curiae Michigan Association of School Boards, Michigan School Business Officials, and Michigan Association of School Administrators.


TAYLOR, C.J.

We granted leave in this case to consider two issues. The first is whether health care benefits paid to public school retirees constitute "accrued financial benefits" subject to protection from diminishment or impairment by Const. 1963, art. 9, § 24. We hold that they do not and, accordingly, affirm the Court of Appeals determination on this issue.1 The second issue is whether the statute establishing the health care...

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