Adrian School District v. Michigan Public School Employees' Retirement System

582 N.W.2d 767, 458 Mich. 326, 1998 Mich. LEXIS 1822
CourtMichigan Supreme Court
DecidedJuly 28, 1998
Docket107733, Calendar No. 10
StatusPublished
Cited by88 cases

This text of 582 N.W.2d 767 (Adrian School District v. Michigan Public School Employees' Retirement System) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Adrian School District v. Michigan Public School Employees' Retirement System, 582 N.W.2d 767, 458 Mich. 326, 1998 Mich. LEXIS 1822 (Mich. 1998).

Opinions

Kelly, J.

We granted leave in this case to review a 1993 declaratory ruling of the Michigan Public School Employees Retirement Board. The board concluded that worker’s compensation payments made to an injured employee, who was unable to work between March 13, 1992, and June 12, 1996,1 constitute sick leave pay and thus are reportable compensation. We affirm that ruling.

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 5, 1990, Ms. Bessie Traylor, age fifty-eight, fell and broke her hip while at work. At the time, she was employed by one of the plaintiff school districts and had earned 29.8 years of retirement service credit. She began receiving worker’s compensation payments for her injury and, later, sought regular service retirement benefits from the Michigan Public School Employees Retirement System in lieu of disability benefits. The retirement system advised her that her worker’s compensation payments were not considered “compensation” for purposes of calculating her retirement service credit.

[329]*329As a consequence, Ms. Traylor would have received less than thirty years of service credit, greatly reducing her lifetime retirement benefits. Had she been given credit for the time she collected worker’s compensation payments, she would have retired with 30.8 years’ service and her full retirement package. Ms. Traylor contested the retirement system’s denial of one year of retirement service credit and received an adverse ruling.

She then filed an exception with the Michigan Public School Employees Retirement Board. The board unanimously granted her request. It ordered her account credited for both the compensation and service time lost while she received worker’s compensation benefits, beginning September 6, 1990, the date of her injury.

On March 13, 1992, the retirement board adopted a policy consistent with this decision and, later, notified the school districts.2 The districts sought and received a hearing from the retirement board, which issued a declaratory ruling affirming its policy on July 30, 1993. It stated that employees were to receive retirement credit for the time they received worker’s compensation payments due to an injury incurred in the employment of a member school district.

[330]*330The school districts appealed to the Ingham Circuit Court, which affirmed the declaratory ruling. They next appealed to the Court of Appeals, which reversed the circuit court’s order.3

The Court held that retirement system members were not entitled to retirement service credit for periods during which they received worker’s compensation benefits.4 We granted defendants’ application for leave to appeal.5

H. ANALYSIS

The issue before us is whether the term “compensation” includes worker’s compensation payments received for an injury suffered by a public school employee between March 13, 1992, and June 12, 1996.

A

The definition of “compensation” under consideration in this case appeared at MCL 38.1304(1); MSA 15.893(114)(1):6

“Compensation” means the remuneration earned by a member for service performed as a public school employee. If part of a member’s remuneration is not paid in money, the retirement board shall fix the value of that part of the remuneration not paid in money. Compensation includes, on a current basis, investments made in a tax sheltered [331]*331annuity for a public school employee as remuneration for service under this act. The remuneration shall be valued at the amount of money actually paid into the annuity. Compensation includes all amounts deducted from the pay of a public school employee, including amounts deducted pursuant to the member investment plan. Compensation includes longevity pay, overtime pay, vacation pay, and holiday pay while absent from work, sick leave pay while absent from work, and items of deferred compensation, exclusive of employer contributions to the retirement system. Compensation does not include terminal payments for unused sick leave, annual leave, bonus payments, hospitalization insurance and life insurance premiums, other fringe benefits paid by and from the funds of employers of public school employees, and remuneration paid for the specific purpose of increasing the final average compensation. [Emphasis added.]

The Court of Appeals determined that the phrase “sick leave pay while absent from work” did not include worker’s compensation payments made to a public school employee injured while at work. To support its conclusion, it cited two statutes that specifically enumerate instances when a member may receive credit for periods worker’s compensation benefits are drawn.7 The Court concluded that, had the Legislature intended that all members receive service credit while drawing worker’s compensation benefits, the statutory exceptions would be rendered nugatory. We disagree.

[332]*332In scrutinizing the declaratory ruling of the retirement board, we keep in mind the limits of judicial review. The Michigan Constitution provides that review of matters, including declaratory rulings, “shall include, as a minimum, the determination whether such final decisions, findings, rulings and orders are authorized by law . . . .” Const 1963, art 6, § 28.

We will set aside the legal rulings of administrative agencies if they violate the constitution or a statute or contain a substantial and material error of law. MCL 24.306(l)(a), (f); MSA 3.560(206)(l)(a), (f); Amalgamated Transit Union, Local 1564, AFL-CIO v Southeastern Michigan Transportation Authority, 437 Mich 441, 450; 473 NW2d 249 (1991). Declaratory rulings are subject to the same judicial review as an agency’s final decision or order in a contested case. MCL 24.263; MSA 3.560(163). We give them deference, provided they are consistent with the purpose and policies of the statute in question. Empire Iron Mining Partnership v Orhanen, 455 Mich 410, 416; 565 NW2d 844 (1997).

In reviewing statutes, our primary goal is to ascertain and give effect to the intent of the Legislature. Farrington v Total Petroleum, Inc, 442 Mich 201, 212; 501 NW2d 76 (1993). If a statute’s wording is certain and unambiguous, we do not interpret it. Turner v Auto Club Ins Ass’n, 448 Mich 22, 27; 528 NW2d 681 (1995). However, if reasonable minds can differ regarding its meaning, then judicial construction is appropriate. Yaldo v North Pointe Ins Co, 457 Mich 341; 578 NW2d 274 (1998). In this case, we find that reasonable minds can differ regarding the statutory meaning of “compensation.” Therefore, judicial construction is appropriate.

[333]*333The question presented here is whether the retirement board wrongly extended the law. The board concluded that worker’s compensation benefits are functionally the same as sick leave pay. It reasoned that the benefits are no less remuneration than is sick leave paid while the employee is absent from work. We agree. We find that the retirement board made a faithful reading of the Legislature’s intent when it interpreted the statutory language.

As this Court stated in McAvoy v H B Sherman Co, 401 Mich 419, 437; 258 NW2d 414 (1977):

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kaitlin Hahn v. Geico Indemnity Company
Michigan Court of Appeals, 2024
Jennifer Buhl v. City of Oak Park
Michigan Supreme Court, 2021
Jennifer Buhl v. City of Oak Park
Michigan Court of Appeals, 2019
Petersen v. Magna Corp.
773 N.W.2d 564 (Michigan Supreme Court, 2009)
In Re Complaint of Rovas Against Sbc
754 N.W.2d 259 (Michigan Supreme Court, 2008)
Rovas v. SBC Michigan
482 Mich. 90 (Michigan Supreme Court, 2008)
Chrisdiana v. Department of Community Health
754 N.W.2d 533 (Michigan Court of Appeals, 2008)
Klida v. Braman
748 N.W.2d 244 (Michigan Court of Appeals, 2008)
Sierra Club MacKinac Chapter v. Department of Environmental Quality
747 N.W.2d 321 (Michigan Court of Appeals, 2008)
Caprathe v. Michigan Judges Retirement Board
738 N.W.2d 272 (Michigan Court of Appeals, 2007)
Ferguson v. PIONEER STATE MUTUAL INS. CO.
731 N.W.2d 94 (Michigan Court of Appeals, 2007)
Ferguson v. Pioneer State Mutual Insurance
731 N.W.2d 94 (Michigan Court of Appeals, 2006)
Ross v. Blue Care Network of Mich.
722 N.W.2d 223 (Michigan Court of Appeals, 2006)
Mortgage Electronic Registration Systems, Inc v. Pickrell
721 N.W.2d 276 (Michigan Court of Appeals, 2006)
Bureau of Worker's & Unemployment Compensation v. Detroit Medical Center
705 N.W.2d 524 (Michigan Court of Appeals, 2005)
By Lo Oil Co. v. Department of Treasury
703 N.W.2d 822 (Michigan Court of Appeals, 2005)
Lentini v. Urbancic
686 N.W.2d 510 (Michigan Court of Appeals, 2004)
Ensink v. Mecosta County General Hospital
687 N.W.2d 143 (Michigan Court of Appeals, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
582 N.W.2d 767, 458 Mich. 326, 1998 Mich. LEXIS 1822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adrian-school-district-v-michigan-public-school-employees-retirement-mich-1998.