I have been told that the below is actually the case:
[Ingham County judge Rosemarie Aquilina] says Thursday’s historic Detroit bankruptcy filing violates the Michigan Constitution and state law and must be withdrawn.
Lawyers representing pensioners and two city pension funds got an emergency hearing Thursday with Aquilina, and she said she planned to issue an order to block the bankruptcy filing. But lawyers and the judge learned that Orr filed the Detroit bankruptcy petition in Detroit 5 minutes before the hearing began.
Aquilina said the Michigan Constitution prohibits actions that will lessen the pension benefits of public employees, including those in the City of Detroit.
I think that it’s this clause that the judge is referring to:
§ 24 Public pension plans and retirement systems, obligation.
The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not be diminished or impaired thereby.
Financial benefits arising on account of service rendered in each fiscal year shall be funded during that year and such funding shall not be used for financing unfunded accrued liabilities.
…danged if I know how this will play out, or what to say about the situation. Except to note that Robocop is looking better and better every day…