Wayne County officials say they accidentally overpaid the pensions of two retired circuit judges by more than $1 million combined, and now the county retirement board is wrestling with a tough question: claw the money back or let it slide. The dispute has sparked unusually public friction between county leaders and the board that oversees retiree benefits, all centered on whether years spent as judges, who are paid largely by the state, should have counted toward a county pension base in the first place.
What the records show
County and retirement records indicate former judges David Szymanski and Richard Hathaway received pension checks that were larger than they should have been, according to a recalculation by the Wayne County Employees’ Retirement System. The system now says Szymanski’s pension was overpaid by about $450,852, going back to his 2015 retirement, and Hathaway’s by roughly $595,700, going back to 2008. Both men are currently receiving lower, recalculated pensions. Those figures were reported by WXYZ.
Legal precedent that matters
The legal fault line here is whether years on the bench count as county service for pension purposes. Multiple courts have previously ruled that probate and circuit judges are not county employees for certain benefit rules, a distinction that underpins the new pension math. That reasoning is detailed in a Michigan Court of Appeals opinion summarized on Justia.
Board and county split on recovery
Retirement-commission documents and interviews show the board now must choose whether to seek full repayment, negotiate some kind of settlement, or forgive the excess sums entirely. Wayne County Commission Chair Alisha Bell told reporters she “cannot commit” that forgiving the money is off the table, while County Executive Warren Evans fired off a letter calling that possibility a “miscarriage of justice” and saying he has “utter contempt for this result.” Those sharply worded comments were gathered in reporting by WXYZ.
Why $1 million matters
The Wayne County pension fund has made progress in recent years, but it is still a heavy financial lift. WCERS data show the county defined‑benefit plans were roughly 70% funded as of the September 30, 2024 valuation, up from the mid‑60% range earlier in the decade. In a system that is not fully funded, trustees argue that recovering large overpayments can affect long‑term solvency and shape what future retirees can reasonably expect. Those funding figures are laid out in WCERS' historical review.
How pensions are supposed to be calculated
Under county rules, only pay earned for personal services rendered the county is supposed to count toward WCERS benefits. The retirement ordinance defines compensation in those exact terms. Compensation means the salary and wages paid a member for personal services rendered the county, the ordinance states. That definition is what prompted WCERS to revalue benefits for judges who later took county jobs. The full language appears in the WCERS retirement ordinance.
What's next
The retirement commission is expected to take up the issue at its next posted meeting, where trustees will have to pick a path in full view of county officials and residents who are watching closely. Whatever they decide could invite legal challenges. For now, both judges are drawing the lower, recalculated pension payments while the board decides whether that extra $1 million was a costly mistake or a bill that needs to be paid back.
