AFSCME COUNCIL 25 v. STATE EMP. RET. SYS.

Docket Nos. 302959, 302960, 302961, 302962.

818 N.W.2d 337 (2011)

294 Mich. App. 1

AFSCME COUNCIL 25 v. STATE EMPLOYEES' RETIREMENT SYSTEM. Michigan State Employees Association v. State Employees' Retirement System. Service Employees International Union, Local 517M v. State Employees' Retirement System. McNeill v. Public School Employees' Retirement Board.

Court of Appeals of Michigan.

Decided August 25, 2011, at 9:00 a.m.


Attorney(s) appearing for the Case

Miller Cohen, P.L.C., Detroit (by Bruce A. Miller and Keith D. Flynn ), for AFSCME Council 25, Sylvester Austin, Mark Smith, David Baker, Myrtel Brown, and Lenore Davis.

Fraser Trebilcock Davis & Dunlap, P.C., Lansing (by Brandon W. Zuk ), for the Michigan State Employees Association, Kenneth Moore, Tim Schutt, Donna Spencer, and Russell Waters.

Sachs Waldman, Detroit (by Mary Ellen Gurewitz and Marshall Widick ) for Service Employees International Union, Locals 517M and 526M.

William A. Wertheimer , Bingham Farms for Anthony McNeill, Rachael Siemen, Rick Hankinson, Ray Holman, and International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America and its Local 6000.

Michael B. Nicholson , Buchanan and Ava R. Barbour , Detroit for International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America and its Local 6000.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Richard A. Bandstra , Chief Legal Council, and Frank J. Monticello , Thomas Quasarano , and Larry F. Brya , Assistant Attorneys General, for the State Employees' Retirement System and others.

Miller, Canfield, Paddock and Stone, P.L.C., Lansing (by Michael J. Hodge and Scott R. Eldridge ), for the Civil Service Commission.

Before: BECKERING, P.J., and FORT HOOD and STEPHENS, JJ.


FORT HOOD, J.

Defendants, the entities and individuals charged with the administration, collection, and distribution of the state employees' retirement system, appeal as of right the Court of Claims' decision holding that MCL 38.35, the statute requiring a three percent employee compensation contribution to finance the Public Employee Retirement Health Care Funding Act, 2010 PA 77, MCL 38.2731 to 38.2747, is unconstitutional. We affirm.

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