UPDATE 8: The Fight To Reinstate Ballot Measure 8

On August 18, 2011, the Oregon Court of Appeals denied my request for non-PERS judges to decide whether certain PERS regulations are valid.   If those regulations are not valid, no PERS member would receive the PERS pick up and they could not use their unused sick leave to determine their PERS retirement benefit.  Additionally, Tier One PERS members, who were hired before 1996, would not get a guaranteed minimum return on their PERS accounts.   The Court of Appeals judges are all PERS members, so they have a directly, financial conflict of interest in this case.

So, on September 16, 2011, I filed a request with the Oregon Supreme Court to make the Court of Appeals judges disqualify themselves and to have temporary, non-PERS judges appointed to decide the case.  I previously asked the Oregon Supreme Court to do the same thing in another case, last year, but it declined to do so.

It is absolutely unfair for Oregon law to require that all PERS related lawsuits to be decided by PERS judges.  It was not that way in 1945, when PERS was first created, because the judges had their own separate retirement plan.  Judges were not in PERS until PERS members in the Oregon legislature changed the law to require all persons who became judges after 1983 to  join PERS and offered a 7% salary increase to every pre-1984 judge who willing to join PERS.

I am fighting this unfair situation and will continue to do so until its examined and ruled on by judges who do not have a financial stake in the outcome of the case. To borrow words from President Reagan, this is what I am asking the Oregon Supreme Court to do:  Oregon Supreme Court, TEAR DOWN these unfair PERS laws and restore fundamental fairness and justice to the people of Oregon.


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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