Legal Opinion · Dissent

Tyler v. Livonia Public Schools

Michigan Court of Appeals

Decided December 30, 1996No. Docket No. 179336Published

1DissentSmolensk, P.J.

I respectfully dissent. I disagree that the plaintiffs disability pension under the Public School Employees Retirement Act (psera), MCL 38.1301 et seq.-, MSA 15.893(111) et seq., is received under a “program” but not a “plan” and, *706therefore, subject to coordination by virtue of § 354(1) (d) of the Worker’s Disability Compensation Act (WDCA), MCL 418.354(l)(d); MSA 17.237(354)(l)(d). Rather, for the reasons that follow, I would hold that plaintiff’s disability pension is excepted from coordination by virtue of § 354(14) of the wdca. I would reverse.

As stated in the majority opinion, the…

2Cases cited5 opinions

  1. House Speaker v. State Administrative BoardMichigan Supreme Court · 1993
  2. Barr v. Mt. Brighton Inc.Michigan Court of Appeals · 1996
  3. People v. LeeMichigan Supreme Court · 1994
  4. In Re Public Service Commission's Determination Regarding Coin-Operated Telephones, Direct-Inward Dialing & Touchtone Service, No 2Michigan Court of Appeals · 1994
  5. Matney v. Southfield BowlMichigan Court of Appeals · 1996

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