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MUSSELMAN v. GOVERNOR

Docket Nos. 97322, 97915, (Calendar No. 7).

448 Mich. 503 (1995)

533 N.W.2d 237

MUSSELMAN v. GOVERNOR

Supreme Court of Michigan.

Decided April 25, 1995.

Attorney(s) appearing for the Case

White, Beekman, Przybylowicz, Schneider & Baird, P.C. (by Karen Bush Schneider and Suzanne Krumholz Clark), for the plaintiffs-appellants.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Michael J. Moquin, Assistant Attorney General, for the defendants-appellees.

Amicus Curiae:

Howard & Howard (by Donald F. Tucker and Wade E. Haddad) for the Michigan Association of Retired School Personnel.

BOYLE, J.

The question presented concerns funding of retirement health care benefits for members of the Public School Employees Retirement System. Although we find that the failure to fund these benefits as they arise violates Const 1963, art 9, § 24, we cannot grant the plaintiffs' request for mandamus.

I

FACTS AND PROCEDURAL HISTORY

The plaintiffs in these consolidated cases are current and retired public school employees who are members...

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