Judge strikes down law forcing (MI) teachers to pay 3 percent for health care

[Bozita]

Source: Detroit News

Last Updated: April 04. 2011 3:47PM
Judge strikes down law forcing teachers to pay 3 percent for health care
Karen Bouffard / Detroit News Lansing Bureau


Lansing—A state Court of Claims judge has struck down a law passed last year to deduct 3 percent of school employees' pay to cover future health care costs.

Retired Judge James Giddings ruled that deducting the money violates the Michigan and U.S. Constitution because it is taking school employees' property without due process.

Michigan Education Association spokesperson Doug Pratt said he was not prepared to comment because he has not yet read the ruling, but "We're happy."

Calls for reaction from Gov. Rick Snyder's office have not yet been returned.

Read more: http://www.detnews.com/article/20110404/BIZ/104040403/1361/Judge-strikes-down-law-forcing-teachers-to-pay-3-percent-for-health-care

[RC]

1. Apparently not all the judges have been bought off

Yet. Give them time.

[Name removed]

3. Deleted message

Sub-thread removed by moderator. Click here to review the message board rules.

[MisterP]

2. WellPoint's shock troops are NOT going to like this ruling

but there are only so many lying cartoons of "wicked judges taking away healthcare" they can churn out

[Freddie Stubbs]

5. Why would WellPoint care if the money comes from the state or from state workers?

They will still get their money either way.

[Recursion]

19. WellPoint won't give a s**t

They get their money either way. They probably prefer it be a single check from the state treasury anyways.

[plumbob]

4. A judge who knows the law! Wow!

Now for a little blowback......

[aquart]

6. Wait. The judge is retired?

[Demit]

8. It's not unusual for courts to use retired judges to help with huge backlogs of cases.

[aquart]

12. Ah. Thank you.

[Demit]

13. soitenly :)

[Bozita]

7. AFT Michigan says: "Good news from Lansing for once!"

Good news from Lansing for once!


Ingham County Circuit Judge James Giddings ruled today that the 2010 lawrequiring employees covered by the *Michigan Public School EmployeesRetirement System* to contribute 3% of their salary toward retiree healthcare costs is unconstitutional. AFT Michigan initiated this lawsuit onbehalf of our affected members in PreK-12, community colleges, and someuniversities, and we were gratified to see that the Judge completely adoptedour argument in finding this action by the Legislature to be“quintessentially arbitrary and unreasonable.”


We strongly believe that current employees should not have to pay this
assessment without any assurance that they will receive health care when
they retire. Thanks are due to Mark Cousens and the entire legal team whohave been working on the case.


The state will almost certainly appeal, so while this is a great victory, we
may not see any concrete changes in terms of withholding and the escrow
account until there's a final decision. We’ll keep you updated as the case
moves forward.

[madrchsod]

9. the judge "locked" the school board and teachers in a room for 9 days

he let them "out" when they came to an agreement.

[bluestateguy]

10. Question

Do they pay anything for health care?

As a supporter of single payer, my view is that it should work like Medicare, with the employee paying a payroll tax.

Having said that, I do philosophically believe that asking people to pay at least a little something out of pocket for health premiums is fair.

If Michigan violated due process, however, then the way they did this was inappropriate.

[Michigan-Arizona]

11. Yes my daughter does pay a portion toward's her health care

My daughter pay's about $300.00 a month out of her bi-weekly pay check's & this 3% ( which come's out to $150.00 a month is additional to that. She also pay's into Medicare as well.

[MichiganVote]

14. ALL Michigan public education employees in a union pay as much as 20% of their medical costs.

They also contribute to their pensions separate and apart from the 3%. This 3% did not include any guarantee that it would apply to retirees. Meaning, that in the same way the GOP will use the K-12 school fund to balance the state budget after all the tax give aways---they can do the same with employee pension money REGARDLESS of who pays it.

[Recursion]

16. They pay 100% of their health care premiums

It's part of their income that they've taken in the form of health insurance. It's their money already.

It's funny; if somebody said "we want teachers to contribute more of their own salary" we'd laugh at them. Asking them to contribute "more of their health care" is just as stupid, but somehow passes too many people's bullshit detectors.

[No Elephants]

17. +1

[Pacifist Patriot]

18. Exactly

[joeglow3]

20. I agree. However, the sword cuts both ways

Some people want to forget that when discussing total compensation packages. The reality is there is real value to having these benefits and, as you accurately stated, this is part of their salary.

[defendandprotect]

15. k/r