AFT MICHIGAN v. STATE

Docket Nos. 303702, 303704, 303706.

825 N.W.2d 595 (2012)

297 Mich. App. 597

AFT MICHIGAN v. STATE of Michigan. Johnson v. Public School Employees Retirement System. McMillan v. Public School Employees Retirement System.

Court of Appeals of Michigan.

Decided August 16, 2012, at 9:00 a.m.


Attorney(s) appearing for the Case

Mark H. Cousens , Southfield, for AFT Michigan and others.

Miller Cohen, P.L.C., Detroit (by Bruce A. Miller and Keith D. Flynn ), for Timothy L. Johnson and others.

White, Schneider, Young & Chiodini, P.C., Okemos (by James A. White , Kathleen Corkin Boyle , and Timothy J. Dlugos ), and Arthur R. Przybylowicz , for Deborah McMillan and others.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Counsel, and Frank J. Monticello and Larry F. Brya , Assistant Attorneys General, for the state of Michigan, the Public School Employees Retirement System, the Public School Employees Retirement Board, the Department of Technology, Management, and Budget, and others.

Before: SHAPIRO, P.J., and SAAD and BECKERING, JJ.


Opinion of the Court

SHAPIRO, P.J.

In these three cases consolidated for appeal, plaintiff public school employees and their representative organizations raise various constitutional challenges to MCL 38.1343e. This provision was adopted in 2010 and amended article 3 of the Public School Employees Retirement Act, MCL 38.1341 et seq., which governs the Michigan Public School Employees Retirement System (MPSERS), MCL 38.1321. MCL 38.1343e requires that...

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