Legal Opinion · Dissent

State Treasurer v. Abbott

Michigan Supreme Court

Decided May 14, 2003No. Docket 120803Published

1DissentKelly, J.

The issue in this case is whether the Employee Retirement Income Security Act (erisa)1 prevents the State Treasurer from implementing its restitutive scheme under the State Correctional Facility Reimbursement Act (scfra). MCL 800.401 et seq. The restitutive scheme in this case has as its object to require defendant, an inmate at a state correctional facility, to reimburse the state for the cost of his incarceration. Through court order, defendant’s former employer was directed to send defendant’s pension checks to defendant’s prison account rather than to his credit union. The warden was made…

2Cases cited24 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Barnhart v. WaltonSupreme Court of the United States · 2002
  4. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
  5. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919

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