State Treasurer v. Gardner

Marilyn Kelly, PJ.

Defendant appeals by leave granted from an award to plaintiff of ninety percent of all accrued and future benefits he receives from his disability pension. He argues that he was denied due process when the trial court allowed plaintiffs counsel to appear and argue at the court hearing, but denied him the same opportunity. He asserts that MCL 600.6023(1)(f); MSA 27A.6023(1)(f) prohibits execution on his disability pension. Finally, he argues that garnishment of his disability pension is limited by federal law. We affirm in part, but modify the percentage of defendant’s…