State Treasurer v. Schuster

572 N.W.2d 628, 456 Mich. 408
CourtMichigan Supreme Court
DecidedJanuary 21, 1998
Docket105686, Calendar No. 18
StatusPublished
Cited by64 cases

This text of 572 N.W.2d 628 (State Treasurer v. Schuster) 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
State Treasurer v. Schuster, 572 N.W.2d 628, 456 Mich. 408 (Mich. 1998).

Opinions

Weaver, J.

Appellant State Treasurer presents two questions of first impression for this Court. First, whether the Public School Employees Retirement Act, MCL 38.1301 et seq.; MSA 15.893(111) et seq., nonassignment provision, which protects a public employee’s pension from legal process, has priority over the State Correctional Facility Reimbursement Act, MCL 800.401 et seq.; MSA 28.1701 et seq., reimbursement provision that specifically includes “pension benefits” as “assets” that may be subject to a prisoner’s statutory obligation to reimburse the state for his incarceration costs.1

The Court of Appeals found that the pension act’s nonassignment provision prevailed over the reimbursement act’s reimbursement provision and that the pension funds at issue were insulated from creditors even after dispensation to the fund recipient.

We reverse the Court of Appeals and hold that the reimbursement act has priority over the pension act in that the nonassignment provision does not insulate a public school employee’s pension from the reimbursement provision.

[411]*411i

On April 10, 1991, codefendant Jon Schuster was sentenced to two and one-half to fifteen years in prison, following his February 14, 1991, conviction of criminal sexual conduct.2 Plaintiff brought this action under the State Correctional Facility Reimbursement Act, seeking reimbursement for the costs of incarcerating Schuster in a state correctional facility. Those costs totaled approximately $22,000 for the first sixteen months of incarceration, and would continue to accrue during the remainder of Schuster’s incarceration.

The state claimed the only potential source of reimbursement, or “asset” as defined by the reimbursement act,3 was Schuster’s retirement allowance. Schuster was receiving in excess of $2,000 a month from his pension. The monthly pension checks were sent to Schuster’s home address and were deposited in a bank account that was held jointly by Schuster and his wife under a power of attorney arrangement.

Pursuant to the reimbursement act, the state sought to obtain ninety percent of the deposited pension.4 Schuster attacked the legality of the state’s action, claiming that the pension funds in question were entirely protected from collection by legal process under the nonassignment provision of the pension act.

The circuit court judge held that Schuster’s pension was an asset subject to the reimbursement scheme and could, therefore, be considered in evaluating [412]*412Schuster’s ability to reimburse the state for the costs of his incarceration, even though Schuster’s pension was, in fact, his only asset. The circuit court further found that the state could attach these pension payments after they were paid to Schuster. Upon motion, the circuit court conducted two days of hearings5 regarding Schuster’s “assets” and his legal and moral obligations to his wife and dependents. On April 23, 1993, the judge ordered Schuster to pay fifty percent, rather than the petitioned ninety percent, of his pension monies, or $1,000 a month, to the state pursuant to the reimbursement act.6 The court entered a final order to that effect on August 11, 1993, and later denied defendants’ motion for reconsideration.

The Court of Appeals reversed the circuit court’s order and opinion, and held that the nonassignment provisions of the pension act had priority over the reimbursement act. The Court of Appeals further held that the pension funds continued to be shielded from creditors even after payments were made to the fund beneficiary, in this case Schuster’s wife.

[413]*413We granted leave to appeal to decide whether the reimbursement act subjects Schuster’s pension to reimbursement for the costs of his incarceration despite the pension act’s nonassignment provision.

n

Resolution of this matter requires this Court to examine an apparent conflict between two legislative enactments.

The State Correctional Facility Reimbursement Act provision at issue was originally enacted in 1935 as part of the Prison Reimbursement Act. The basic purpose of the act was to ensure that prisoners shoulder the burdensome cost of their incarceration, to the extent possible, rather than law-abiding taxpayers. In 1984, the act was amended and renamed the State Correctional Facility Reimbursement Act, with the same intent to “provide procedures for securing reimbursement to the state of the expenses incurred by the state for the cost of care of certain prisoners in state correctional facilities . . . .”7 As amended, the reimbursement act contained the following sweeping definition of a prisoner’s “assets” subject to the act:

(a) “Assets” means property, tangible or intangible, real or personal, belonging to or due a prisoner or former pris[414]*414oner including income or payments to such prisoner from social security, worker’s compensation, veteran’s compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, or from any other source whatsoever, but does not include any of the following:
(i) The homestead of the prisoner up to $50,000.00 in value.
(ii) Money received by the prisoner from the state as settlement of a claim against the department from the prisoner.
(iii) A money judgment received by the prisoner from the state as a result of a civil action in which the department was named defendant and found to be liable.
(iv) Money saved by the prisoner from wages and bonuses paid the prisoner while he or she was confined to a state correctional facility. [MCL 800.401a; MSA 28.1701(1) (emphasis added).]

According to the plain language above, the Legislature, in 1984, decided to subject all pension payments to the reimbursement scheme specifically, and without exception. Moreover, the Legislature declined to include pension payments in the list of express statutory exceptions to the reimbursement act, which was revised by 1996 PA 286. MCL 800.401a(a)(i), (ii); MSA 28.1701(l)(a)(i), (ii). Nonetheless, Schuster claims that his pension payments are not subject to the reimbursement act. Indeed, he maintains that the nonassignment provision of the pension act has priority.

The Public School Employees Retirement Act was created in 1945 to establish and govern the pensions of public school employees.8 Such pensions are [415]*415expressly insulated from creditor attack through “legal process” by the following:

Except as otherwise provided in this section, a retirement allowance, an optional benefit, or any other benefit accrued or accruing to a person under this act, the reserves created by this act, and the money, investments, or income of those reserves are exempt from state, county, municipal, or other local tax and are not subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law. The right to a retirement allowance, an optional benefit, or any other benefit accrued or accruing to a person under this act

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

Related

State Treasurer v. Bradley Bences
Michigan Court of Appeals, 2016
State Treasurer v. Matthew I Chauncey 811327
Michigan Court of Appeals, 2016
Patrick J McCourt v. Kenneth C Fowler
Michigan Court of Appeals, 2015
Gardner v. Department of Treasury
306 Mich. App. 546 (Michigan Court of Appeals, 2014)
Titan Insurance v. State Farm Mutual Automobile Insurance
817 N.W.2d 621 (Michigan Court of Appeals, 2012)
State Treasurer v. Snyder
823 N.W.2d 284 (Michigan Court of Appeals, 2011)
Dawe v. Dr Reuven Bar-Levav & Associates, PC
808 N.W.2d 240 (Michigan Court of Appeals, 2010)
Duray Development, LLC v. Perrin
792 N.W.2d 749 (Michigan Court of Appeals, 2010)
Barnard Manufacturing Co. v. Gates Performance Engineering, Inc.
775 N.W.2d 618 (Michigan Court of Appeals, 2009)
Walters v. Leech
761 N.W.2d 143 (Michigan Court of Appeals, 2008)
Dawe v. Dr Reuvan Bar-Levav & Associates, Pc
761 N.W.2d 318 (Michigan Court of Appeals, 2008)
Donkers v. Kovach
745 N.W.2d 154 (Michigan Court of Appeals, 2008)
Kinder Morgan Michigan, LLC v. City of Jackson
744 N.W.2d 184 (Michigan Court of Appeals, 2008)
Department of Transportation v. Initial Transport Inc.
740 N.W.2d 720 (Michigan Court of Appeals, 2007)
Sinicropi v. Mazurek
729 N.W.2d 256 (Michigan Court of Appeals, 2007)
Ernsting v. Ave Maria College
736 N.W.2d 574 (Michigan Court of Appeals, 2007)
Michigan Electric Cooperative Ass'n v. Public Service Commission
705 N.W.2d 709 (Michigan Court of Appeals, 2005)
By Lo Oil Co. v. Department of Treasury
703 N.W.2d 822 (Michigan Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
572 N.W.2d 628, 456 Mich. 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-treasurer-v-schuster-mich-1998.