'If the police command officers, the police chief & assistant firefighter, and the fire chief & assistant are all on the same pension, can any particular group receive a greater pension than another in the same system when the township, as well as the employees, pay the same percent of payroll across the board [e.g., can the township's 38 nonsupervisory fire fighters negotiate a retirement benefit based on 2.25% per year of service, whereas all others--police and supervisory fire fighters--have a retirement benefit based on 2% per year of service, and all police officers and fire fighters contribute 5% of their salary per annum to the retirement system]?'

'Upon retirement from service as provided in this subdivision, a member shall receive a regular retirement pension payable throughout the member's life of 2% of the member's average final compensation multiplied by the first 25 years of service credited to the member, plus 1% of the member's average final compensation multiplied by the number of years, and fraction of a year, of service rendered by the member in excess of 25 years. A city, village, or municipality [including townships, MCL 38.557(b); MSA 5.3375(7)(b)] under this act, may, upon approval of the legislative body or the electors thereof, increase the percentage of the payment from 2% up to a maximum of 2.5%. If an increase is approved, it shall not be reduced for members under the system at the time of the increase. The legislative body may also increase the percentage of employee contributions . . ..'

'The contributions of a member to the retirement system shall be 5% of the salary paid to the member by the city, village, or municipality . . ..'

'For the purpose of creating and maintaining a fund for the payment of the pensions and other benefits payable as provided in this act, the . . . municipality, subject to the provisions of this act, shall appropriate, at the end of such regular intervals as may be adopted, quarterly, semiannually, or annually, an amount sufficient to maintain actuarially determined reserves covering pensions payable or which might be payable on account of service performed and to be performed by active members, and pensions being paid retired members and beneficiaries. The appropriations to be made by the . . . municipality in any fiscal year shall be sufficient to pay all pensions due and payable in that fiscal year to all retired members and beneficiaries. In no event shall the amount of such appropriation in any fiscal year be less than 10% of the aggregate pay received during the said fiscal year by members of the retirement system unless by actuarial determination it is satisfactorily established that a lesser percentage is needed . . ..'

'The membership of the retirement system created by a municipality affected by this act shall include each police officer and fire fighter employed by a municipality . . ..'

'PERA, supra, Sec. 15 imposes on a public employer the obligation to bargain collectively with the representatives of its employees with respect to 'wages, hours, and other terms and conditions of the employment . . ..' Changes in a police retirement plan are mandatory subjects of bargaining under PERA, Sec. 15, supra. Detroit Police Officers Ass'n v Detroit (DPOA), 391 Mich 44, 63; 214 NW2d 803 (1974) . . ..

'This PERA-imposed obligation to bargain regarding pension and retirement provisions may conflict in certain respects with 1945 PA 135, supra, which creates and provides for the operation of a retirement system for municipal employees. The system encompasses a fixed set of options and does not, therefore, permit variations not specified in the statute. If a variation were to be provided in a collective-bargaining agreement, a conflict between PERA and 1945 PA 135, supra, would arise.

'The Supreme Court has decided several cases in which counties, public universities, courts, school districts, and cities have asserted that constitutional provisions, statutes, charters, and ordinances prevail over conflicting provisions in PERA.

. . ..

'In a . . . case involving a municipality, the court considered the question, whether a collective bargaining agreement's provision concerning promotions, entered into under PERA, is valid and enforceable when it conflicts with provisions of a city charter and the fire and police civil service act, 1935 PA 78, supra. Local 1383, Int'l Ass'n of Fire Fighters, AFL-CIO v City of Warren, 411 Mich 642; 311 NW2d 702 (1981). The court's analysis contained a comprehensive review of its previous decisions . . .. Following that review, the court stated:

'To decide the present case in conformity with the consistent prior determinations of this Court, PERA must be viewed as the dominant law regulating public employment relations. Although this Court has not previously had occasion to consider the conflicting requirements of the fire and police civil service act in contrast with PERA, our previous decisions compel a conclusion that the provisions of PERA control.' Local 1383, supra, 411 Mich 662.'

'By way of epilogue, it is to be noted that the foregoing conclusions accord to public employers and their affected employees the right to, in effect, negotiate a statute out of existence as to the contracting parties through collective bargaining.' OAG, 1983-1984, No 6244, at 369.

'Can the township negotiate equal benefits and then charge a larger contribution from another group [e.g., may the fire chief and his assistant be required in a collective bargaining agreement to increase their contributions of salary per year from 5% to 8% in order to obtain the retirement benefit based on 2.25% per year of service noted in question 1 above]?'

'The legislative body may also increase the percentage of employee contributions . . ..'