Legal Opinion

In Re Request for Advisory Opinion Regarding Constitutionality of 2011 PA 38

Michigan Supreme Court

Decided November 18, 2011No. Docket 143157PublishedCited by 40 opinions

1Opinion of the CourtMarkman, J.

Pursuant to Const 1963, art 3, § 8, this Court granted the Governor’s request for an advisory *300opinion on the constitutionality of 2011 PA 38.1 More specifically, we granted the Governor’s request to address the following four constitutional questions:(1) whether reducing or eliminating the statutory exemption for public-pension incomes as described in MCL 206.30, as amended, impairs accrued financial benefits of a “pension plan [or] retirement system of the state [or] its political subdivisions” under Const 1963, art 9, § 24; (2) whether reducing or eliminating the statutory tax exemption for…

2Cases cited54 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  4. Nordlinger v. HahnSupreme Court of the United States · 1992
  5. Kimel v. Florida Board of RegentsSupreme Court of the United States · 2000

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3Cited by40 opinions

  1. People v. HarrisMichigan Supreme Court · 2014
  2. Menard Inc. v. Department of TreasuryMichigan Court of Appeals · 2013
  3. Gillette Commercial Operations North America & Subsidiaries v. Department of TreasuryMichigan Court of Appeals · 2015
  4. Wells Fargo Bank v. Cherryland Mall Ltd. PartnershipMichigan Court of Appeals · 2013
  5. In re City of DetroitUnited States Bankruptcy Court, E.D. Michigan · 2013

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