Preview:

STATE OF MICHIGAN COURT OF APPEALS

STEVEN RICHARDSON, Petitioner-Appellee, v STATE EMPLOYEES RETIREMENT SYSTEM, Respondent-Appellant.

UNPUBLISHED April 13, 2010

No. 287779 Washtenaw Circuit Court LC No. 07-001146-CZ

Before: DAVIS, P.J., and DONOFRIO and STEPHENS, JJ. PER CURIAM. Respondent appeals as of leave granted the circuit court's order reversing a decision and order of the State Employees Retirement Board (the Board) denying petitioner's request for payment of 100 percent survivorship benefits under MCL 38.31 and awarding petitioner attorney fees and costs. We reverse and reinstate the order of the State Employees Retirement Board. The quintessential issue in this case involves whether petitioner is entitled to 100 percent survivorship benefits under the State Employees Retirement Act (SERA) MCL 38.1 et seq. Petitioner does not dispute that, at the time Eunice Richardson retired in 1985, MCL 38.31 provided: (a) Prior to the effective date of retirement, but not thereafter, a member who is eligible for retirement, as provided in section 19, may elect to receive his benefit in a retirement allowance payable throughout life, which shall be called a regular retirement allowance; or may elect to receive the actuarial equivalent at that time of his regular retirement allowance in reduced retirement allowance payable throughout life, and nominate a joint beneficiary, in accordance with the provision of option A or B, as follows: Option A. Upon his death his reduced retirement allowance shall be continued throughout the life of and paid to the person having an insurable interest in his life, that the member nominate by written designation duly executed and filed with the retirement board prior to the effective date of his retirement. Option B. Upon his death,

Download STEVEN RICHARDSON V STATE EMPLOYEES RETIREMENT SYSTEM.pdf

Michigan Law