AFT v. STATE

No. 345036, No. 345418, No. 345420.

964 N.W.2d 113 (2020)

AFT, AFT Michigan, Alpena Montmorency-Alcona ISD Paraprofessionals, Alpena-Montmorency-Alcona ISD Teachers, Arenac Eastern Federation, Bay Arenac Skills, Brown City Employees Organization, Brown City Federation of Teachers, Center Federation, Cheboygan Otsego Presque Isle Intermediate Paraprofessionals and Bus Personnel, Cheboygan-Otsego Presque Isle ISD Teachers, Cheboygan-Otsego Presque Isle Support Personnel, Chesaning Union Auxiliary Service Employees, Clare-Gladwin ISD Federation, Crawford Ausable Bus Drivers Federation, Crawford Ausable Custodians/Secretarial Federation, Crawford Ausable Support Staff Federation, Crawford Ausable Federation of Teachers, Crestwood Federation of Teachers, Dearborn Federation of School Employees, Dearborn Federation of Teachers, Detroit Association of Educational Office Employees, Detroit Federation of Paraprofessionals, Detroit Federation of Teachers, East Detroit Federation of Teachers, Ecorse Federation of Teachers, Fairview Federation of Teachers, Glen Lake Federation of Teachers, Hale Federation of Teachers, Hamtramck Federation of Teachers, Hemlock Auxiliary Service Employees, Hemlock Federation of Teachers, Henry Ford Community College Adjunct Faculty Organization, Henry Ford Community College Federation of Teachers, Highland Park Federation of Paraprofessionals, Highland Park Federation of Teachers, Huron Valley Continuing Education, Imlay City Federation of Teachers, Inkster Federation of Teachers, Iosco ISD Federation of Teachers, Iosco ISD Intermediate Federation Auxiliary Employees, Kingsley Federation of Teachers, Kirtland Community College Federation of Teachers, Lake City Support Staff Federation, Lake City Teachers & Paraprofessionals Federation, Lake Shore Federation of Ed Secretaries, Lake Shore Federation of Teachers, Lake Shore Federation Support Staff, Lamphere Federation of Paraprofessionals, Lamphere Federation of Teachers, Lansing Community College Administrative Association, Les Cheneaux Federation of Support Staff, Les Cheneaux Federation of Teachers, Macomb Intermediate Federation of Paraprofessionals, Macomb Intermediate Federation of Teachers, Melvindale/Nap Federation of Teachers, Melvindale/Nap Paraprofessionals, Midland Federation of Paraprofessionals, Midland ISD Federation of Paraprofessionals, Midland ISD Federation of Teachers, Northville Federation of Paraprofessionals, Onaway Federation of School Related Personnel, Onaway Federation of Teachers, Plymouth-Canton Community Schools Secretarial Unit, Plymouth-Canton Federation of Plant Engineers, Romulus Federation of Paraprofessionals, Roseville Federation of Teachers, Rudyard Federation of Aides, Rudyard Federation of Teachers, Saginaw ISD Federation of Teachers, Tawas Area Federation of Teachers, Taylor Federation of Teachers, Utica Federation of Teachers, Van Dyke Educational Assistants Federation, Van Dyke Professional Personnel, Warren Woods Federation of Paraprofessionals, Washtenaw Intermediate School Employees Federation, Waterford Association of Support Personnel, Wayne County Community College Federation of Teachers, Wayne County Community College Professional & Administrative Association, Wayne County RESA Salaried Staff, Wexford-Missaukee ISD Federation of Teachers, and Whitefish Township Federation of Teachers, Plaintiffs-Appellees/Cross-Appellants, v. STATE of Michigan, Defendant-Appellant/Cross-Appellee. Deborah McMillan, Thomas Brenner, Theresa Dudley, Katherine Daniels, and Corey Cramb, Plaintiffs-Appellees/Cross-Appellants, v. Public School Employees Retirement System, Public School Employees Retirement System Board, Trust for Public Employee Retirement Health Care, and Department of Technology, Management, and Budget, Defendants-Appellants/Cross-Appellees, and Director of the Department of Technology, Management, and Budget, Defendant. Timothy L. Johnson, Janet Heslet, Ricky Mack, and Denise Zieja, Plaintiffs-Appellees/Cross-Appellants, v. Public School Employees Retirement System, Public School Employees Retirement System Board, Trust for Public Employee Retirement Health Care, and Department of Technology, Management, and Budget, Defendants-Appellants/Cross-Appellees, and Director of the Department of Technology, Management, and Budget, Director of the Office of Retirement Services, and State Treasurer, Defendants.

Court of Appeals of Michigan.

Decided October 15, 2020, at 9:15 a.m.


Attorney(s) appearing for the Case

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

White Schneider PC (by Timothy J. Dlugos , James A. White , Okemos, and Andrew J. Gordon ) and Michigan Education Association (by Michael M. Shoudy , Okemos) for Deborah McMillan and others.

Miller Cohen, PLC, Detroit (by Robert D. Fetter , Bruce A. Miller , and Keith D. Flynn ) for Timothy L. Johnson and others.

Dykema Gossett PLLC (by Gary P. Gordon , W. Alan Wilk , Jason T. Hanselman , and Hilary L. Vigil ), Special Assistant Attorneys General, for the state of Michigan and others.

Before: Jansen, P.J., and K.F. Kelly and Cameron, JJ.


In these three cases consolidated for appeal, defendants-appellants (defendants) appeal and plaintiffs-appellees (plaintiffs) cross-appeal a July 24, 2018 order of the Court of Claims. That order directed defendants to pay equitable judgment interest on funds collected under MCL 38.1343e, as amended by 2010 PA 75 (former MCL 38.1343e...

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