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SPRINGFIELD FIRE FIGHTERS' ASSOC. v. PERB

CA A42923.

760 P.2d 1372 (1988)

93 Or.App. 134

SPRINGFIELD FIRE FIGHTERS' ASSOCIATION, Petitioner-Cross-Respondent, v. PUBLIC EMPLOYES' RETIREMENT BOARD, Respondent-Cross-Respondent, v. City of Springfield, Respondent-Cross-Petitioner.

Court of Appeals of Oregon.

Decided September 14, 1988.

Attorney(s) appearing for the Case

Gregory A. Hartman, Portland, argued the cause for petitioner-cross-respondent Springfield Fire Fighters' Assn. With him on the brief were Kathryn T. Whalen, Bennett, Hartman, Tauman & Reynolds, P.C., Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent-cross-respondent Public Employes' Retirement Bd. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

William F. Hoelscher, Portland, argued the cause for respondent-cross-petitioner City of Springfield. With him on the brief were Hoelscher & Associates, Portland.

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

ROSSMAN, Judge.

Petitioner seeks review of an order of the Public Employes Retirement Board (PERB) determining that retirement benefits provided by the City of Springfield are equal to or better than benefits under the Public Employes Retirement System (PERS) and, therefore, that the city is exempt from the ORS 237.620 requirement that it obtain PERS coverage for those employes. Petitioner contends that PERB exceeded its statutory authority in adopting and applying...

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