Opinion

Bannan v. City of Saginaw

  • 120 Mich. App. 307
  • 328 N.W.2d 35
Court
Michigan Court of Appeals
Filed
Oct 7, 1982
Status
Published
Author
Martin
On the bench
Allen, Cynar, Martin
Cited by
21 cases
Authority
More cited than 7.9%

The opinion

R. B. Martin, J.

(concurring). I concur, but do not find it necessary to determine if a duty disability pension and workers’ disability compensation benefits are "like benefits” under MCL 418.161; MSA 17.237(161); Johnson v Muskegon, 61 Mich App 121 ; 232 NW2d 325 (1975); MacKay v Port Huron, 288 Mich 129 ; 284 NW 671 (1939). Johnson’s benefits were provided by charter. Here, appellees’ benefits were provided by ordinance and not controlled by § 161 of the Worker’s Disability Compensation Act, which refers solely to charter provisions in prohibiting entitlement to like benefits. The question of the constitutional propriety of having ordinance created pension plans fall into a different classification than charter created pension plans was not raised, and we do not consider it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.