From Casetext: Smarter Legal Research

Kosa v. Department of Treasury

Michigan Court of Appeals
Sep 12, 1977
78 Mich. App. 316 (Mich. Ct. App. 1977)

Summary

In Kosa, the Supreme Court determined that the Court of Appeals properly issued the writ to the board, but because legislation had been enacted subsequently that ensured that the mandate of art 9, § 24 was met, the writ was held to be no longer necessary.

Summary of this case from Musselman v. Governor

Opinion

Docket No. 27412.

Decided September 12, 1977. Leave to appeal applied for.

Original action in the Court of Appeals. Submitted June 21, 1977, at Lansing. (Docket No. 27412.) Decided September 12, 1977. Leave to appeal applied for.

Complaint by Mary K. Kosa and others similarly situated against the State Treasurer and others seeking a writ of mandamus requiring the Michigan Public School Employees Retirement Board to cease using funds derived from current service money to pay accrued unfunded liabilities. Writ issued.

Foster, Swift Collins, P.C. (by James A. White, Clifford D. Weiler and Peter F. McNenly), for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Gerald F. Young and Thomas F. Schimpf, Assistants Attorney General, for defendant.

Before: D.F. WALSH, P.J., and QUINN and H.D. STAIR, JJ.

Circuit judge, sitting on the Court of Appeals by assignment.


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 protected 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 Detroit v Superintendent of Public Instruction, 319 Mich. 436; 29 N.W.2d 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.


Summaries of

Kosa v. Department of Treasury

Michigan Court of Appeals
Sep 12, 1977
78 Mich. App. 316 (Mich. Ct. App. 1977)

In Kosa, the Supreme Court determined that the Court of Appeals properly issued the writ to the board, but because legislation had been enacted subsequently that ensured that the mandate of art 9, § 24 was met, the writ was held to be no longer necessary.

Summary of this case from Musselman v. Governor

In Kosa, the retirement board was using funds already allocated to the Retirement System in a manner contrary to the mandates of Const 1963, art 9, § 24. Thus, the proper remedy was for this Court to order the board to carry out its duties in compliance with the constitutional requirements.

Summary of this case from Musselman v. Governor

In Kosa, this Court issued a writ of mandamus requiring the Public School Employees' Retirement Board to perform a clear legal duty, i.e., to cease the internal practice of using current service funds to pay accrued unfunded pension benefit liabilities contrary to Const 1963, art 9, § 24. 78 Mich. App. 316.

Summary of this case from Musselman v. Governor
Case details for

Kosa v. Department of Treasury

Case Details

Full title:KOSA v DEPARTMENT OF TREASURY

Court:Michigan Court of Appeals

Date published: Sep 12, 1977

Citations

78 Mich. App. 316 (Mich. Ct. App. 1977)
259 N.W.2d 463

Citing Cases

Kosa v. State Treasurer

The Court additionally ruled, however, that mandamus would not lie against the Legislature to compel…

Musselman v. Governor

Furthermore, it is not within our province to order the Legislature to appropriate funds. City of Jackson v…