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OREG. FIRE/POLICE RETIRE. v. PERB

No. CA A23477.

662 P.2d 729 (1983)

62 Or.App. 777

OREGON FIRE/POLICE RETIREMENT COMMITTEE, a Public Organization, Petitioner, v. OREGON PUBLIC EMPLOYES' RETIREMENT BOARD, an Agency of the State of Oregon, Joanne Clemmer, Janice B. Hiserote, William P. Holtsclaw, Virgil Langtry and Roger S. Meier, Members, Respondents.

Court of Appeals of Oregon.

Argued and Submitted July 22, 1982.

Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause and filed the brief for petitioner.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Oregon Fire/Police Retirement Committee filed a petition for judicial review of amendments to rules promulgated by Public Employes' Retirement Board (PERB), asking that they be declared invalid. The subject rules, OAR 459-30-015, 459-30-025 and 459-10-040, are regulations which PERB amended on November 20, 1981. The issue here is whether those regulations are impermissibly inconsistent with the applicable statutory provisions. We hold that the rules...

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