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MICHIGAN COALITION OF STATE EMPLOYEE UNIONS v. MICHIGAN

No. 314048.

838 N.W.2d 708 (2013)

301 Mich. App. 187

MICHIGAN COALITION OF STATE EMPLOYEE UNIONS v. State of MICHIGAN.

Court of Appeals of Michigan.

Decided August 13, 2013, at 9:10 a.m.

Attorney(s) appearing for the Case

William A. Wertheimer, Bingham Farms, for all plaintiffs.

Michael B. Nicholson, Buchanan, and Ava R. Barbour, Detroit, for International Union UAW and Local 6000.

Sachs Waldman, P.C., Detroit (by Mary Ellen Gurewitz and Marshall J. Widick), for SEIU Local 517M and Michigan Corrections Organization.

Frazer, Trebilcock, Davis & Dunlap, P.C., Lansing (by Michael E. Cavanaugh and Brandon W. Zuk), for Michigan Coalition of State Employee Unions.

Miller Cohen, PLC, Detroit (by Robert D. Fetter and Keith D. Flynn), for Michigan AFSCME Council 25.

Bill Schuette, Attorney General, John J. Bursch, Solicitor General, Richard A. Bandstra, Chief Legal Counsel, Frank J. Monticello, and Larry F. Brya, Assistant Attorneys General, for the State of Michigan, State Employees Retirement System, State Employees Retirement System Board, Department of Technology Management and Budget and its Director, Direct of Retirement Services Office, and State Treasurer.

Before: OWENS, P.J., and GLEICHER and STEPHENS, JJ.

PER CURIAM.

Defendants appeal by right the trial court's order holding 2011 PA 264 unconstitutional because it violates Const. 1963, art. 11, § 5.2011 PA 264 amended the State Employees' Retirement Act (SERA), MCL 38.1 et seq. Plaintiffs challenged those changes that required employees hired before April 1, 1997, who had maintained membership in the state pension system (the "defined benefit pension plan" or "DB plan") to choose either to contribute 4...

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