Tyler v. Livonia Public Schools
Michigan Court of Appeals
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
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