Jurva v. Attorney General

315 N.W.2d 178, 111 Mich. App. 595
CourtMichigan Court of Appeals
DecidedDecember 1, 1981
DocketDocket No. 54868
StatusPublished
Cited by5 cases

This text of 315 N.W.2d 178 (Jurva v. Attorney General) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jurva v. Attorney General, 315 N.W.2d 178, 111 Mich. App. 595 (Mich. Ct. App. 1981).

Opinion

K. B. Glaser, J.

Defendant Attorney General appeals from an order of the trial court granting plaintiffs summary judgment. His application for leave to appeal pursuant to GCR 1963, 852.2 was denied by the Supreme Court.

Plaintiffs Jurva and McDonald are teachers, and the Rochester Education Association is their bargaining agent. In 1974, the association and the school board entered into a collective-bargaining agreement for the 1974-1976 school years. This [597]*597agreement contained a provision by which teachers who elected to take early retirement would receive a specific sum of money from the board. The collective-bargaining agreement for the 1976-1978 school years contained a similar early retirement incentive provision.

On June 15, 1978, the Attorney General issued Opinion No 5314, in which he stated that the Public School Employees Retirement Act (PSERA), MCL 38.201 et seq.; MSA 15.893(1) et seq., prohibited supplemental retirement benefits and concluded:

"It is my opinion, therefore, that local boards of education may not agree, in a collective bargaining agreement, to provide supplemental retirement benefits to current employees when they retire. Rather, the legislature has established statutory public school employee retirement systems for public school employees to provide uniform retirement benefits for persons with comparable service credit and final average compensation.”

Despite the Attorney General’s opinion, the board and the association again provided for early retirement incentive payments in the collective-bargaining agreement for the 1978-1979 school year. Under this provision, a teacher who is employed by the board for 10 years and reaches 50 years of age may qualify for the early retirement incentive payments. If the teacher qualified and retired before his 62nd birthday, he received $4,-000 per year for each year between the age at which he retired and his 65th birthday. If he retired after his 62nd birthday, he received $2,000 for each year between his age and his 65th birthday. The payments were made until the teacher reached age 65 or for 10 years, whichever came [598]*598first. In light of the Attorney General’s opinion, the association agreed to indemnify and hold the board harmless for any payments made pursuant to the early retirement incentive provision, should it be judicially determined to be unlawful.

Plaintiffs brought this action for declaratory relief to determine whether the early retirement incentive provisions were valid and requested that the Attorney General’s opinion be declared void. Both plaintiffs and the Attorney General moved for summary judgment. By written opinion, the trial court granted plaintiffs’ motion, and denied that of the Attorney General.

The first question is whether the school board had the power to implement early retirement incentives. School districts are empowered to do only what is expressly provided by statute or what reasonably can be implied therefrom. Senghas v L’Anse Creuse Public Schools, 368 Mich 557; 118 NW2d 975 (1962), Singer Architectural Services Co v Doyle, 74 Mich App 485; 254 NW2d 587 (1977).

Plaintiffs take the position that the school board is authorized to include the early retirement incentive provision in a collective-bargaining agreement by § 1255 of the School Code, which provides:

"In the process of establishing salaries or determining other working conditions, the board of a school district or the board of a local act school district may use general funds of the school district to provide other related beneñts of an economic nature on a joint participating or nonparticipating basis with school employees for employees of the school district.” MCL 380.1255(1); MSA 15.41255(1) (emphasis added).

The above-emphasized language was added by 1969 PA 27, and plaintiffs contend that this manifests the Legislature’s intent to confer much [599]*599broader authority upon school districts in the area of fringe benefits than that which was previously provided by the terms "wages” and "compensation”. Support for this position is found in Sachs, Labor Law, 16 Wayne L Rev 641, 643-645 (1970).

The Attorney General contends that "other related benefits of an economic nature” necessarily must be a form of compensation and that since early retirement incentive payments are not made for services rendered, but quite the opposite, they are not compensation and the board is not authorized to make them.

As always, the courts’ function in construing a statute is to determine the intent of the Legislature. Dussia v Monroe County Employees Retirement System, 386 Mich 244, 248-249; 191 NW2d 307 (1971). Had the Legislature intended to restrict such benefits to compensation for services in the traditional sense, they could have so provided. Having chosen the phrase used instead, we find the broad construction suggested by plaintiffs to be consistent with the intent of the Legislature as expressed in the statute. We further note there is nothing in the School Code prohibiting the encouragement of early retirement. The prospect of early retirement with additional cash income is not a "working condition” in the same sense as are heat, light, and sanitation, but to the extent that it contributes to the teachers’ peace of mind and sense of well-being, it is a working condition just as surely as medical insurance, life insurance, or salary. Salaries clearly are included in "working conditions” by reason of the legislative use of the word "other”.

Insurance coverage specifically was provided for in the act prior to the 1969 amendment which deleted such specific enumeration of benefits in [600]*600favor of the present general language "other working conditions”. See 1963 PA 96. The Attorney-General does not construe that change to eliminate the school board’s power to provide health insurance. OAG, 1979-1980, No 5568 (September 25, 1979). Indeed, the amendment hardly could be reasonably construed to be intended to do anything but give the broadest powers to the board to provide fringe benefits from the general fund, so long as they were reasonably related to the operation of the school. The apparent purpose was to permit a board of education to fashion fringe benefits to the needs and desires of their particular group of employees without the statutory straitjacket imposed by the 1963 act. We have no difficulty including early retirement incentive pay in that broad concept of working conditions.

The next issue is whether the school board’s implementation of its early retirement incentive system is in some manner prohibited by the PSERA, MCL 38.201 et seq.; MSA 15.893(1) et seq., which controls the resolution of this issue (MCL 38.1401; MSA 15.893[211]; 1980 PA 300).

We note that this act is a very pervasive piece of legislation, essentially mandating participation by all Michigan school districts and their employees, regulating all the various aspects of retirement and payment of benefits, and vesting broad and exclusive power in its governing board.

The Attorney General contends that a fundamental purpose of the retirement act is to encourage teachers to continue in service and that early retirement incentive payments encourage the opposite.

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315 N.W.2d 178, 111 Mich. App. 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jurva-v-attorney-general-michctapp-1981.