Summary
In Kosa, the Supreme Court determined that the Court of Appeals properly issued the writ to the board, but because legislation had been enacted subsequently that ensured that the mandate of art 9, § 24 was met, the writ was held to be no longer necessary.
Summary of this case from Musselman v. GovernorOpinion
Docket No. 27412.
Decided September 12, 1977. Leave to appeal applied for.
Original action in the Court of Appeals. Submitted June 21, 1977, at Lansing. (Docket No. 27412.) Decided September 12, 1977. Leave to appeal applied for.
Complaint by Mary K. Kosa and others similarly situated against the State Treasurer and others seeking a writ of mandamus requiring the Michigan Public School Employees Retirement Board to cease using funds derived from current service money to pay accrued unfunded liabilities. Writ issued.
Foster, Swift Collins, P.C. (by James A. White, Clifford D. Weiler and Peter F. McNenly), for plaintiffs.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Gerald F. Young and Thomas F. Schimpf, Assistants Attorney General, for defendant.
This action for writ of mandamus has been submitted on an agreed statement of facts. It involves the funding of Michigan Public School Employees Retirement System, and it seeks to compel certain action on the part of defendants with respect to funding the system.
By paragraph 32 of the agreed statement of facts, it is established that current service money in a large but undetermined amount has been used to pay some accrued unfunded liabilities. This is directly contrary to Const 1963, art 9, § 24 and will be stopped by this Court's writ.
The foregoing answers plaintiffs' second question which they state as follows:
"Does the Michigan Court of Appeals possess jurisdiction to require the public officials and bodies to adhere to the duties, obligations and prohibitions mandated by the people's constitutional mandates and statutory requirements?"
The third question raised by plaintiffs is:
"May this Court require the governor and Legislature to reduce appropriations of non-constitutionally protected items, thus creating monies for the proper funding of the Public School Employees Retirement System?"
The answer is no. The power to raise money and to appropriate it is the province of the Legislature. It is not within the power or province of a court to order the Legislature how it shall perform these functions, Board of Education of the City of Detroit v Superintendent of Public Instruction, 319 Mich. 436; 29 N.W.2d 902 (1947).
A writ may issue requiring Michigan Public School Employees Retirement Board to cease using funds derived from current service money to pay accrued unfunded liabilities. No costs, a public question is involved.