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  • Robert Lusk

Court of Appeals Forces ORS to Correctly Calculate Administrators Pensions

Consider yourself fortunate if you are not familiar with the Normal Salary Schedule (NSI). The NSI was created by the Michigan Public School Employees Pension System Office of Retirement Services (MPSERS ORS) several years ago to reduce the pensions of school administrators. There was no reasonable legal basis for the NSI, yet MPSERS ORS stubbornly stuck to its position since affected administrators did not have the resources necessary to mount an effective challenge.


Enter the Michigan Association of School Administrators (MASA). In 2018, MASA hired Lusk Albertson (now Miller Johnson) to mount a formal legal challenge to the NSI. The Court of Claims ruled in MPSERS ORS’ favor. MASA appealed. On August 12, 2001, the Court of Appeals held that “the ORS had no statutory authority … to create the NSI schedules.” Thus, ends many years of intentionally targeting the fine men and women who serve as school administrators in Michigan.

Compliments to Chris Wigent, former MASA President, who got the ball rolling and Bob Schindler who ably represented the administrators. Of course, MPSERS ORS will probably appeal to Michigan’s Supreme Court but, given the Court of Appeals published decision, a successful appeal will be an uphill climb. Batista, et al., v Office of Retirement Services, et al., ___ Mich App ___; ___ NW2d ___ (2021).