Order Michigan Supreme Court
Lansing, Michigan
April 1, 2014 Robert P. Young, Jr.,
Chief Justice
147296 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
WAYNE COUNTY EMPLOYEES David F. Viviano,
RETIREMENT SYSTEM and WAYNE COUNTY Justices
RETIREMENT COMMISSION,
Plaintiffs/
Counter-Defendants-Appellees,
v SC: 147296
COA: 308096
Wayne CC: 10-013013-AW
CHARTER COUNTY OF WAYNE,
Defendant/
Counter-Plaintiff-Appellant,
and
WAYNE COUNTY BOARD OF
COMMISSIONERS,
Defendant-Appellant.
_________________________________________/
On March 5, 2014, the Court heard oral argument on the application for leave to
appeal the May 9, 2013 judgment of the Court of Appeals. On order of the Court, the
application is again considered, and it is GRANTED. The parties shall include among
the issues to be briefed: (1) an identification of the source and nature of the County’s
power to move funds from the Inflation Equity Fund (IEF); (2) whether the movement of
IEF assets to the defined benefit plan without the corresponding offset to the County’s
Annual Required Contribution violates the Public Employee Retirement System
Investment Act (PERSIA), MCL 38.1132 et seq.; and (3) whether the movement of $32
million in IEF assets to the defined benefit plan constitutes a “transaction” within the
meaning of MCL 38.1133(8). The parties should not submit mere restatements of their
previous briefs.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 1, 2014
t0325
Clerk