On May 13, 2011, a Petition For Judicial Review was filed in the Oregon Court of Appeals. The case, Daniel C. Re v. Public Employee Retirement System, asks the court to invalidate PERS administrative rules dealing with the guaranteed return on PERS accounts, the pickup of employee PERS contributions by public employers and the use of unused sick leave to determine PERS retirement benefits. The petition argues that those provisions violate the Oregon constitution, as amended by Ballot Measure 8 which was passed by the people of Oregon in November, 1994.
The petition further argues that the Oregon Supreme Court cased which overturned Ballot Measure 8 is void because all of the judges who decided that case were PERS members who had a financial interest in its outcome. That financial conflict of interest disqualified them from deciding the case and it was possible under Oregon law to appoint non-PERS judges to hear the case.
It is expected that a motion will be filed in the case to disqualify all of the sitting judges of the Court of Appeals from hearing the case because they are also PERS members who have a financial interest in the outcome of the case. Therefore, they are disqualified from hearing it and non-PERS judges must be appointed to decide it.
Future developments in this case will be reported on this blog.
If you are interested in supporting this effort to restore fairness to the PERS decision making process, send a non-tax deductible contribution of $10 to:
In RE The People, Inc. 70 SW Century Drive, Ste. 100 – 365 Bend, OR 97702
With your help, we will be successful in this fight.