SALEM FIREFIGHTERS LOCAL 314 v. PERB

CA A30197.

702 P.2d 439 (1985)

74 Or.App. 201

The SALEM FIREFIGHTERS LOCAL 314 and the Salem Police Ass'n., Petitioners, v. PUBLIC EMPLOYES RETIREMENT BOARD AND THE CITY OF SALEM, Respondents.

Court of Appeals of Oregon.

Argued and Submitted April 22, 1985.

Reconsideration Denied August 23, 1985.

Review Allowed September 17, 1985.


Attorney(s) appearing for the Case

Gregory A. Hartman, Portland, argued the cause for petitioners. With him on the brief were Glenn E. Smith, Cheyenne, Wyoming, and Willner, Bennett, Hartman, & Tauman, P.C., Portland.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent Public Employes Retirement Board. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

William J. Juza, City Atty., Salem, waived appearance for respondent City of Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.


RICHARDSON, Presiding Judge.

Petitioners seek review of the Public Employes Retirement Board's order determining that the retirement benefits provided by the City of Salem for police officers and fire fighters are equal to or better than the benefits under the Public Employes Retirement System (PERS) and that the city is therefore exempt from participating in PERS with respect to those employes. ORS 237.620(4).

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