Legal Opinion · Dissent

Marion v. Vaughn

Michigan Court of Appeals

Decided July 25, 1968No. Docket 2,290Published

1Dissent

Levin, J,

(dissenting). In my opinion Section 25 of the public school employees retirement fund act1 does not insulate from garnishment contribu*458tions made by a public school employee to the retirement fund about to be refunded to him due to his resignation before becoming* eligible for a retirement allowance.2

When the principal defendant, Vaughn, ceased to he a public school employee, the fund became indebted to him for an amount equal to “all of the accumulated contributions” made by him.3

The majority do not hold the amount of such indebtedness exempt as a “benefit accrued or accruing.”4…

2Cases cited14 opinions

  1. Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
  2. Trubowitch v. Riverbank Canning Co.California Supreme Court · 1947
  3. Park v. Employment Security CommissionMichigan Supreme Court · 1959
  4. People v. PowellMichigan Supreme Court · 1937
  5. Roger Williams Insurance v. CarringtonMichigan Supreme Court · 1880

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