MORO v. STATE

Nos. S061452 Control; S061475, S061431, S061860, S061454.

351 P.3d 1 (2015)

357 Or. 167

Everice MORO; Terri Domenigoni; Charles Custer; John Hawkins; Michael Arken; Eugene Ditter; John O'Kief; Michael Smith; Lane Johnson; Greg Clouser; Brandon Silence; Alison Vickery; and Jin Voek, Petitioners, v. STATE of Oregon; State of Oregon, by and through the Department of Corrections; Linn County; City of Portland; City of Salem; Tualatin Valley Fire & Rescue; Estacada School District; Oregon City School District; Ontario School District; Beaverton School District; West Linn School District; Bend School District; and Public Employees Retirement Board, Respondents, and League of Oregon Cities; Oregon School Boards Association; and Association of Oregon Counties, Intervenors, and Central Oregon Irrigation District, Intervenor below. Wayne Stanley Jones, Petitioner, v. Public Employees Retirement Board; Ellen Rosenblum, Attorney General; and Kate Brown, Governor, Respondents. Michael D. Reynolds, Petitioner, v. Public Employees Retirement Board, State of Oregon; and Kate Brown, Governor, State of Oregon, Respondents. George A. Riemer, Petitioner, v. State of Oregon; Oregon Governor Kate Brown; Oregon Attorney General Ellen Rosenblum; Oregon Public Employees Retirement Board; and Oregon Public Employees Retirement System, Respondents. George A. Riemer, Petitioner, v. State of Oregon; Oregon Governor Kate Brown; Oregon Attorney General Ellen Rosenblum; Public Employees Retirement Board; and Public Employees Retirement System, Respondents.

Supreme Court of Oregon.

Decided April 30, 2015.


Attorney(s) appearing for the Case

Gregory A. Hartman , Bennett, Hartman, Morris & Kaplan, LLP, Portland, filed the briefs and argued the cause for petitioners Everice Moro, Terri Domenigoni, Charles Custer, John Hawkins, Michael Arken, Eugene Ditter, John O'Kief, Michael Smith, Lane Johnson, Greg Clouser, Brandon Silence, Alison Vickery, and Jin Voek. With him on the briefs was Aruna A. Masih .

George A. Riemer, Sun City West, Arizona, argued the cause and filed the briefs on behalf of himself.

Michael D. Reynolds, Seattle, Washington, argued the cause and filed the briefs on behalf of himself.

Wayne Stanley Jones, North Salt Lake City, Utah, filed the briefs on behalf of himself.

William F. Gary , Harrang Long Gary Rudnick P.C., Portland, argued the cause and filed the briefs for respondents Linn County, Estacada School District, Oregon City School District, Ontario School District, West Linn School District, Beaverton School District, Bend School District and intervenors Oregon School Boards Association and Association of Oregon Counties. With him on the brief was Sharon A. Rudnick .

Keith L. Kutler , Assistant Attorney General, Salem, argued the cause and filed the brief for State respondents. With him on the brief were Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Matthew J. Merritt , Assistant Attorney General.

Harry Auerbach , Chief Deputy City Attorney, Portland, filed the brief for respondent City of Portland.

Edward H. Trompke , Jordan Ramis PC, Lake Oswego, filed the brief for respondent Tualatin Valley Fire and Rescue.

W. Michael Gillette , Schwabe, Williamson & Wyatt, PC, Portland, argued the cause and filed the brief for intervenor League of Oregon Cities. With him on the brief were William B. Crow , Sara Kobak , and Leora Coleman-Fire .

Craig A. Crispin , Crispin Employment Lawyers, Portland, filed the brief for amicus curiae AARP.

Sarah K. Drescher , Tedesco Law Group, Portland, filed the brief for amicus curiae International Association of Fire Fighters.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, BREWER, and BALDWIN, Justices, and HASELTON, Chief Judge of the Oregon Court of Appeals, Justice pro tempore.


Petitioners are active and retired members of the Public Employee Retirement System (PERS) challenging two legislative amendments aimed at reducing the cost of retirement benefits—Senate Bill (SB) 822 (2013), which eliminated income tax offset benefits for nonresident retirees and modified the cost-of-living adjustment (COLA...

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