Harvey v. State

We took this case to consider the constitutionality of the district court judicial pension provisions of the Judges Retirement Act, MCL 38.2101 et seq., as amended in the court reorganization act of 1980, 1980 PA 438 through 443.1 The Court of Appeals reviewed plaintiffs’ equal protection challenge and concluded that the statute was unconstitutional, utilizing the intermediate scrutiny test. We hold that the statute is constitutional and the proper standard is the rational-basis test. Accordingly, we reverse the decision of the Court of Appeals and enter a judgment in favor of defendants.

I.…