House Bill 4770 – Does it Apply to APA Members?
Several members have contacted the APA office inquiring about the passage of Michigan House bill 4770 that prohibits a public employer from affording domestic partner health care benefits, raising concern of the impact to APA members currently receiving the benefit and those in the future.
Prior to signing the bill, and in a letter to the legislature, Governor Snyder clearly stated “that higher education institutions [including MSU] would not be included in H.B. 4770 as the constitutional autonomy of universities has been reviewed and affirmed many times by the courts since the adoption of the 1963 Michigan Constitution.† This rationale, among other reasons, leads the APA to conclude the law should not result in a change of benefits at MSU.
To date, through statements in interviews and issued through email, the University Administration, including President Simon, has indicated they do not believe the enactment of this law will result in any change to the current health care benefits program at MSU.
Yet, several legislators have asserted that this bill is intended to apply to MSU and other constitutionally identified universities. Â Such a disagreement could result in the matter being litigated in Michigan courts leaving the Michigan Supreme Court with final authority whether this bill can and should be applied to MSU and therefore APA members.
In the immediate, it does not appear the bill will result in a change of Other Eligible Individual benefits. Â Furthermore, the APA has a current health care agreement in place into 2014. Â Therefore, no change could even occur until the expiration of the current agreement in 2014.
The APA continues to be engaged on this topic and will communicate with the membership if there are any future developments.