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ANDERSON v. PUBLIC EMPLOYES RETIREMENT BD.

92C-11657; CA A81222.

895 P.2d 1377 (1995)

134 Or. App. 422

Murl W. ANDERSON, Administrative School District No. 1 of Deschutes County (Bend-La Pine), Oregon School Boards Association, and Confederation of Oregon School Administrators, Respondents, v. PUBLIC EMPLOYES RETIREMENT BOARD, Appellant.

Court of Appeals of Oregon.

Decided May 24, 1995.

Attorney(s) appearing for the Case

Robert B. Rocklin, Asst. Atty. Gen., argued the cause for appellant. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Robert M. Johnstone, McMinnville, argued the cause for respondent Murl W. Anderson. Sharon R. Smith, Bend, argued the cause for respondent Administrative School Dist. No. 1 of Deschutes County. Victoria Dozler-Totten, Salem, argued the case for respondent Oregon School Boards Ass'n. James M. Brown, Salem, argued the cause for respondent Confederation of Oregon School Administrators. With them on the brief were Enfield, Guimond, Brown & Collins, Salem, and Holmes, Hurley, Bryant, Lovlien & Lynch, Bend.

Before WARREN, P.J., and EDMONDS and LEESON, JJ.

WARREN, Presiding Judge.

Public Employes Retirement Board (PERB) appeals from a summary judgment for petitioners declaring that an order requiring petitioner Anderson to repay overpaid retirement benefits is invalid and enjoining PERB from seeking recovery of the benefits from Anderson. We reverse.

For purposes of the summary judgment proceeding, the parties do not dispute these facts. Anderson worked for a number...

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