Moore v. Department of Military Affairs

We are asked to determine the date when plaintiff retired from the Michigan National Guard for purposes of computing his retirement pay under the military establishment act, 1909 PA 84, MCLA 32.1-32.85; MSA 4.591-4.675 and the Michigan Military Act, 1967 PA 150, MCLA 32.501-32.851; MSA 4.678(101)-4.678(451). Plaintiff contends that his retirement occurred at the time he became eligible for retirement benefits in July of 1972. Defendant maintains that it was plaintiff’s separation from active service in August of 1967 which occasioned his retirement.

Plaintiff, recently deceased, was an officer…