Anthony McNeill v. Public School Employees Retirement Board

Order Michigan Supreme Court Lansing, Michigan December 14, 2011 Robert P. Young, Jr., Chief Justice 143827-30 & (57)(59) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly AFSCME COUNCIL 25, SYLVESTER AUSTIN, Brian K. Zahra, MARK SMITH, DAVID BAKER, MYRTEL Justices BROWN, LENORE DAVIS, and ALL OTHERS SIMILARLY SITUATED, Plaintiffs-Appellees, v SC: 143827 COA: 302959 Ct of Claims: 10-000105-MM STATE EMPLOYEES’ RETIREMENT SYSTEM, STATE EMPLOYEES’ RETIREMENT SYSTEM BOARD, PUBLIC EMPLOYEE RETIREMENT HEALTH CARE FUNDING TRUST, DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF THE OFFICE OF RETIREMENT SERVICES, and STATE TREASURER, Defendants-Appellants. _________________________________________/ MICHIGAN STATE EMPLOYEES ASSOCIATION, KENNETH MOORE, TIM SCHUTT, DONNA SPENCER, and RUSSELL WATERS, Plaintiffs-Appellees, v SC: 143828 COA: 302960 Ct of Claims: 10-000108-MM STATE EMPLOYEES’ RETIREMENT SYSTEM, STATE EMPLOYEES’ RETIREMENT SYSTEM BOARD, PUBLIC EMPLOYEE RETIREMENT HEALTH CARE FUNDING TRUST, DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF THE OFFICE OF RETIREMENT SERVICES, 2 STATE TREASURER, and STATE OF MICHIGAN, Defendants-Appellants. _________________________________________/ SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 517M and SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 526M, Plaintiffs-Appellees, v SC: 143829 COA: 302961 Ct of Claims: 10-000109-MM STATE EMPLOYEES’ RETIREMENT SYSTEM, STATE EMPLOYEES’ RETIREMENT SYSTEM BOARD, PUBLIC EMPLOYEE RETIREMENT HEALTH CARE FUNDING TRUST, DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF THE OFFICE OF RETIREMENT SERVICES, and STATE TREASURER, Defendants-Appellants. _________________________________________/ ANTHONY McNEILL, RICK HANKINSON, RAY HOLMAN, RACHAEL SIEMEN, ALL OTHERS SIMILARLY SITUATED, INTERNATIONAL UNION UAW, and UAW LOCAL 6000, Plaintiffs-Appellees, v SC: 143830 COA: 302962 Ct of Claims: 10-000110-MM PUBLIC SCHOOL EMPLOYEES’ RETIREMENT BOARD, STATE EMPLOYEES’ RETIREMENT SYSTEM, STATE EMPLOYEES’ RETIREMENT SYSTEM BOARD, PUBLIC EMPLOYEE RETIREMENT HEALTH CARE FUNDING TRUST, DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF DEPARTMENT OF TECHNOLOGY, MANAGEMENT & BUDGET, DIRECTOR OF THE OFFICE OF RETIREMENT SERVICES, and STATE TREASURER, Defendants-Appellants. 3 _________________________________________/ On order of the Court, the motions for leave to file brief amicus curiae and to file a responsive brief are GRANTED. The application for leave to appeal the August 25, 2011 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. I, Corbin R. Davis, 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. December 14, 2011 _________________________________________ t1214 Clerk