Stone v. State

638 N.W.2d 417, 247 Mich. App. 507
Michigan Court of Appeals·Decided December 12, 2001·No. Docket 217485·Published·Cited by 6 cases

Opinions

Whitbeck, J.

Defendants state of Michigan and the Department of Treasury appeal by leave granted an order granting plaintiffs’ motion for summary disposition pursuant to MCR 2.116(C)(10). Defendants challenge the Court of Claims’ determination that monthly payments for accumulated sick leave under a special statutory provision1 of an early retirement program for state employees are exempt from state, county, city, and other local taxes. We affirm.

1. basic facts and procedural history

A. EARLY RETIREMENT AND ACCUMULATED SICK LEAVE

In 1996, the Legislature created an early retirement program for state employees who met certain criteria, including age and length of service. This was part of a larger effort to extend to state employees some of the [510] benefits private sector employees enjoyed at the time, such as defined contribution employment plans.2 To streamline the state work force and reduce state payroll costs, the Legislature in 1997 widened the group of state workers who were eligible to participate in the program.3 The Legislature incorporated the terms of this special early retirement program in the State Employees’ Retirement Act (sera),4 determining the levels of compensation these retirants5 would receive.6

Plaintiffs are a class of individuals who retired or contemplated retiring under this early retirement program. As they would likely point out, length of service is only one factor that affects the amount of money each retirant receives under this early retirement program. Under the compensation plan of the Michigan Civil Service Commission, all state workers are entitled to accumulate sick leave during the course of their employment.7 Commission Rule 5-5.4(a) provides that “[crediting and utilization of sick leave, as well as payment at retirement, separation, or death shall be in accordance with provisions contained in the official compensation plan,” meaning that this accumulated sick leave may be payable at retirement. The compensation plan distinguishes between workers hired before and after October 1, 1980. Workers hired before October 1, 1980, are paid for accumu[511] lated sick leave when they retire. Employees hired after October 1, 1980, are not eligible to be paid for unused sick leave at all.

Ordinarily, payment for accumulated sick leave to retirants hired by the state before October 1, 1980, occurs in a single lump sum. According to defendants, the state taxed each retirant’s lump-sum payment as income in the year the retirant received it. However, the SERA provides in MCL 38.19f(3) that “[a]ny amount that a member retiring under this section would otherwise be entitled to receive in a lump sum at retirement on account of accumulated sick leave shall be paid in 60 consecutive equal monthly installments.” When the state began making monthly accumulated sick leave payments to retirants under the 1996-97 early retirement program, the state taxed these payments as if they were the traditional lump-sum payments for accumulated sick leave, apparently withholding both state and local taxes from the payments.

B. PLAINTIFFS’ SUIT

In March 1998, plaintiffs sued in the Court of Claims, alleging that defendants could not tax these monthly accumulated sick leave payments. Plaintiffs claimed in their first amended complaint that withholding income taxes from the monthly accumulated sick leave payments was a breach of contract and deprived them of property without due process of law.8 Further, they contended, the right to monthly accumulated sick leave payments under MCL [512]*51238.19f(3) had to be viewed in light of MCL 38.40(1), a related subsection of the SERA that states:

The right of a person to a pension, an annuity, a retirement allowance, any optional benefit, any other right accrued or accruing to any person under the provisions of this act, the various funds created by this act, and all money and investments and income of the funds, are exempt from any state, county, municipal, or other local tax, and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law, and shall be unassignable except as otherwise provided in this act.[9]

Thus, plaintiffs argued that defendants had violated the sera by withholding money owed to the state for the accumulated sick leave payments and by withholding taxes for other taxing authorities.

Plaintiffs moved for summary disposition under MCR 2.116(C)(9) and (10). Defendants responded by requesting summary disposition in their favor pursuant to MCR 2.116(I)(2). The parties essentially disputed whether the right to be paid for accumulated sick leave “accrued” under the sera, which would then determine whether the monthly accumulated sick leave payments were tax-exempt. Defendants argued that the right to be paid for accumulated sick leave “accrued” under the compensation plan and, therefore, that the monthly accumulated sick leave payments could be taxed in the same way as the lump-sum accumulated sick leave payments. In support of their argument for tax exemption, plaintiffs pointed out that the SERA, MCL 38.19f(3), specifically prescribes the manner in which they are paid for [513] accumulated sick leave and, therefore, the monthly accumulated sick leave payments “accrued” under the SERA.

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Stone v. State, 638 N.W.2d 417, 247 Mich. App. 507 (Mich. Ct. App. 2001).

638 N.W.2d 417 (Stone v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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