A recently enacted bill that phases out the tax exemption for public employee pensions, and whether it violates the Michigan and U.S. constitutions, is at issue in a case that the Michigan Supreme Court will hear on Sept. 7.
The Court will hear In Re Request for an Advisory Opinion Regarding Constitutionality of 2011 PA 38 at the request of Gov. Rick Snyder, who asked the Court to rule before Oct. 1, the earliest date that any of the act’s provisions could take effect.
Opponents of the law say that it violates the Michigan Constitution because it reduces the pension income that public sector retirees have already earned. The bill’s supporters say that the Constitution does not create a permanent public pension tax exemption and that the bill is consistent with the Legislature’s power to tax.
Oral arguments will begin at 10 a.m. at the Michigan Hall of Justice in Lansing.