Murphy v. State of Michigan

343 N.W.2d 177, 418 Mich. 341
CourtMichigan Supreme Court
DecidedFebruary 6, 1984
Docket66589, (Calendar No. 20)
StatusPublished
Cited by15 cases

This text of 343 N.W.2d 177 (Murphy v. State of Michigan) 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
Murphy v. State of Michigan, 343 N.W.2d 177, 418 Mich. 341 (Mich. 1984).

Opinions

Kavanagh, J.

Plaintiff is the widow of the late George Murphy, who served as a judge of the Detroit Recorder’s Court from January 1, 1936, until his death on July 11, 1961. Pursuant to the Judges’ Retirement Act, MCL 38.801 et seq.; MSA 27.125(1) et seq., plaintiff has received a retirement annuity from the Judges’ Retirement System since Judge Murphy’s death. At issue in this appeal is whether plaintiff’s annuity should remain at the amount to which she was entitled on July 11, 1961, or whether her annuity should be increased as the salary paid by the state to circuit judges increases.

The Court of Claims and the Court of Appeals concluded that plaintiff’s annuity should not be increased. We disagree and reverse.

The Legislature established the Judges’ Retirement System in the Judges’ Retirement Act, 1951 PA 198, MCL 38.801 et seq.; MSA 27.125(1) et seq. Section 14 of the act provided a flat-rate annual retirement annuity of $4,500 for judges who were members of the system.1 The original act made no provision for an annuity for the spouse of a deceased or former judge. However, 1952 PA 79 added § 19a, which provided a flat-rate annuity for qualifying widows of judges who died after the [344]*344creation of the retirement system. The amount of the annuity was $2,250, one-half the amount of a retired judge’s annuity.

Both § 14 and § 19a were amended by 1956 PA 224. The annuity provided for a retired judge in § 14 was changed from the flat-rate amount to a variable amount equal to one-half of the annual salary currently paid by the state to circuit judges. Section 19a was modified to provide widows with an annuity of one-half of the annuity provided for judges in § 14:

"The widow of any member who dies or who shall have died in office or on retirement on or after September 28, 1951, and he has had 10 or more years of service prior to his death, and which widow at the time of death of the judge had been the wife of such judge for at least 10 years during his judicial service, and who has reached the age of 55, shall be entitled to apply to the retirement board for and to receive for life a retirement annuity in the amount of 1/2 of the retirement annuity provided for such judge in section 14 of this act, until she remarries”. Former MCL 38.819a; MSA 27.125(19.1).

The language of this 1956 amendment is controlling in this case.2

[345]*345Plaintiff and amici curiae3 argue that the plain language of former § 19a4 provides that the annuities of widows, like the annuities of judges, are to be calculated with reference to current circuit judges’ salaries. Defendants argue that the longstanding administrative interpretation and application of the Judges’ Retirement Act, which has been to pay all qualifying widows a fixed annuity of 1/2 of the annuity the judge would have been entitled to at his death, is correct and should not be overruled.

The Court of Claims granted the defendants’ motion for summary judgment, relying primarily on two opinions of the Attorney General construing former § 19a. In 1957 the executive secretary of the Judges’ Retirement System requested the Attorney General’s opinion as to whether the "1/2 of the retirement annuity provided for such judge” in § 19a referred to the annuity to which the judge would have been entitled at the time of his death, or the annuity which would be currently paid a judge with the same service qualifications. In response to this inquiry the Attorney General interpreted the statute as fixing the amount of the widow’s annuity at the time of the judge’s death. The Attorney General said, in part:

"We think the language of the statute provides a ready answer to this question, referring, as it does, to '1/2 the annuity provided for such judge.’ The annuity to which the judge is entitled is fixed as of the date of [346]*346his death, since it is clear that subsequent to his death he is entitled to no annuity.
"The widow can have no greater interest in his pension than he has at the time of his death. As shown above, the Judges’ Retirement Act makes her annuity half that provided for him.
"The statute contains the provision, at section 19a, setting forth requirements which must be met in order for the widow to qualify for her annuity. These requirements include the following: she must have been his wife for at least 10 years during his judicial service; she must have reached the age of 55; she must make application to the retirement board for her retirement annuity; she ceases to be entitled to the annuity upon remarriage.
"It is clear, therefore, that under the section establishing the widow’s annuity, her annuity is a different pension from his, and not merely a device whereby she steps into his shoes and continues to receive his pension. She must qualify for her own annuity, as just set forth.
"Finally, we note that the statute nowhere contains any language providing for an 'escalator’ clause whereby the pension of the widow fluctuates with the going rate for justices holding positions similar to that occupied by her husband when alive.
"For the reasons set forth above, it is my ruling that the amount of the widow’s annuity is fixed at half the amount provided for such judge at the time of his death, and not the annuity which would currently be paid a judge with the same service qualifications.” (Emphasis in original.) 1 OAG, 1957, No 2953, pp 165-166 (April 12, 1957).

After this Court’s decision in Campbell v Judges’ Retirement Board, 378 Mich 169; 143 NW2d 755 (1966), the executive secretary of the Judges’ Retirement System requested an opinion of the Attorney General as to the effect of Campbell on widows’ annuities.5 The Attorney General re[347]*347sponded in an informal opinion letter dated October 19, 1967. He referred to the 1957 Attorney General Opinion and concluded that Campbell had no effect because the escalator clause had never been applicable to widows’ annuities. The letter referred to two principles of statutory construction in support of the view that widows’ annuities should not be increased:

"Such interpretation of § 19a by the Judges’ Retirement Board is of long standing. It has been uniformly applied to all those who received widows’ annuities under the section. It thus is entitled to great weight and would not be overturned unless a different construction was plainly required. Roosevelt Oil Co v Secretary of State, 339 Mich 679; 64 NW2d 582 (1954); Aller v Detroit Police Dep’t Trial Board, 309 Mich 382; 15 NW2d 676 (1944).
"Additionally, § 19a was amended by 1965 PA 313 but not so as to change the administrative interpretation. It has been held that re-enactment of , language construed by an administrative agency shows legislative approval because executive interpretation is presumed to have been known to the Legislature. Chrysler Corp v Smith, 297 Mich 438; 298 NW 87 (1941).”

The Court of Appeals majority affirmed, relying, as had the Court of Claims, on the Attorney General’s construction of the applicable statutory provisions. 85 Mich App 568; 272 NW2d 139 (1978).6

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Bluebook (online)
343 N.W.2d 177, 418 Mich. 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-state-of-michigan-mich-1984.