Kosa v. Department of Treasury

259 N.W.2d 463, 78 Mich. App. 316, 1977 Mich. App. LEXIS 1198

Opinion

Per Curiam.

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 pro tected 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 Deroit v Superintendent of Public Instruction, 319 Mich 436; 29 NW2d 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.