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BATISTA v. OFFICE OF RETIREMENT SERVICES

No. 353832.

980 N.W.2d 107 (2021)

338 Mich. App. 340

Patricia BATISTA, David Britten, Timothy Donahue, Aaron Gaffney, John Hewitt, Ronald Koehler, Amy Swantek, Chris Thomson, and Michigan Association of Superintendents and Administrators, Plaintiffs-Appellants, v. OFFICE OF RETIREMENT SERVICES, Michigan Public School Employees Retirement System, Michigan Public Employees Retirement System Board, Public School Employees Retirement System Board Members, and Executive Director of Retirement Services, Defendants-Appellees.

Court of Appeals of Michigan.

Decided August 12, 2021, at 9:00 a.m.

Attorney(s) appearing for the Case

Lusk Albertson, PLC (by Robert T. Schindler , Detroit, Anya M. Lusk , and Adam J. Walker , Grand Rapids) for plaintiffs.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Patrick M. Fitzgerald , Assistant Attorney General, for defendants.

Before: Hood, P.J., and Markey and Gleicher, JJ.

This case involves issues regarding the determination of reportable "compensation" under the Public School Employees Retirement Act (the Retirement Act), MCL 38.1301 et seq., and the Reporting Instruction Manual (the manual) prepared and implemented by defendant Office of Retirement Services (ORS). Resolution of these issues has...

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