Michael Nason v. State Employees Retirement Board

Order Michigan Supreme Court
Lansing, Michigan
June 3, 2011 Robert P. Young, Jr.,
Chief Justice
142246 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
MICHAEL NASON, Brian K. Zahra,
Petitioner-Appellee, Justices
v SC: 142246
COA: 290431
Marquette CC: 08-045798-AA
STATE EMPLOYEES’ RETIREMENT
SYSTEM,
Respondent-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 28, 2010
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.302(H)(1). At
oral argument, the parties shall address whether a member is eligible for non-duty
disability retirement under MCL 38.24 if he is totally incapacitated from performing the
state job from which he seeks to retire, but he is not totally incapacitated from performing
other work within his education, experience, or training. See Knauss v State Employees’
Retirement System, 143 Mich App 644 (1985). The parties may file supplemental briefs
within 42 days of the date of this order, but they should not submit mere restatements of
their application papers.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 3, 2011 _________________________________________
y0531 Clerk