UPDATE: The Fight To Reinstate Ballot Measure 8

I have just received a letter from the Oregon Department of Revenue which states that the Department does not have jurisdiction to hear my claim for refund.  The CFR was asking for a refund of property taxes used to pay public employee PERS contributions.  The basis of the claim was that Ballot Measure 8 prohibited the pick-up of employee PERS contributions and the Oregon Supreme Court decision that invalidated Ballot Measure 8 is void because all of the justices were disqualified from hearing the case because of their PERS membership.  If that is correct, Ballot Measure 8 is still the law.

The Department’s position on the CFR will speed up the determination of the issues in this case by at least one year, because I can now file an action directly with the magistrate division of the Oregon tax court.  I plan to do that before the end of this month.  It is going to get real interesting as I intend to ask for the case be decided by a non-PERS magistrate and if this request is not granted I will ask the federal court to require Oregon to provide me with a non-PERS decision magistrate.

I will post updates on this as things occur.

If you are interested in helping support this effort please do so.  See the contribution page.   Court proceeding can be expensive and the State will use taxpayer money to fight this case.


About Dan Re

I am an attorney who has lived in Bend and practiced law since 1981. In educating myself about the Oregon Public Employees Retirement System (PERS), I was shocked at how the PERS laws were changed by the legislature, once legislators were allowed to join PERS in 1971, 26 years after PERS was first created. Those changes personally benefitted the legislators who made them at the direct financial expense of the people they were elected to represent. That is wrong and I intend to change it. In 2009, I started a non-profit 501(c)(4) corporation, In RE The People, Inc., for the purpose of informing concerned citizens of what happened regarding PERS and other issues of social and civic importance. I then created this blog to further that objective.
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