Michigan's Public Educator Retirement System--On the Road to Bankruptcy: A Legal Analysis of Michigan

Autor/in	Geier, Brett A.
Titel	Michigan's Public Educator Retirement System--On the Road to Bankruptcy: A Legal Analysis of Michigan
Quelle	In: Journal of Education Finance, 41 (2016) 1, S.451-472 (22 Seiten)Infoseite zur Zeitschrift PDF als Volltext Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Zeitschriftenaufsatz
ISSN	0098-9495
Schlagwörter	Public Education; Public School Teachers; Teacher Retirement; Legal Problems; Fringe Benefits; Retirement Benefits; Costs; Unions; Court Litigation; Collective Bargaining; Contracts; State Legislation; Constitutional Law; Retrenchment; Politics of Education; Michigan + Suchen Sie Ihr Suchwort? Öffentliche Erziehung; Sozialabgaben; Retirement pay; Ruhegehalt; Cost; Kosten; Rechtsstreit; Tarifverhandlung; Vertrag; Landesrecht; Staatsrecht; Educational policy; Bildungspolitik
Abstract	Since 1980, Michigan retirees have been afforded health care benefits for which they were required to pay 10 percent of the premium upon retirement--the remainder was paid for by the state. Recently, the Michigan Legislature reduced the financial obligation of the State for retiree health care benefits, placing it on the individual member. In concert with the increased cost to members is the deterioration of the perceived "promise" that certain health care benefits would be provided at a fixed cost in perpetuity. Public educators, through their respective labor organization, took issue with this course of action, and have sought redress in the courts. Employing the legal technicalities of contracts, unjust enrichment, and due process, these plaintiff employees sought to reverse the enactment of the statutes making these modifications. The plaintiff education members constructed an argument that is lucid and legally viable. However, the Legislative reaction to the initial suit was shrewd, and nullified the plaintiffs' legal theory. As a result, the legislation enacted by the State, while seemingly unfair to the plaintiffs, is ultimately constitutional. Nationally, public educator retirement benefits are being reduced and the cost to the individual and school district is rising. This series of legislation and subsequent litigation occurring in Michigan is a quality analogy that is being witnessed in other states around the country. In this article, the author provides a legal analysis on why what the Michigan Legislature did was constitutional. (ERIC).
Anmerkungen	University of Illinois Press. 1325 South Oak Street, Champaign, IL 61820-6903. Tel: 217-244-0626; Fax: 217-244-8082; e-mail: journals@uillinois.edu; Web site: http://www.press.uillinois.edu/journals.php
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2020/1/01