ROSE v. BOARD OF TRUSTEES

0403-02472; A128370.

168 P.3d 1204 (2007)

215 Or. App. 138

Leslie ROSE, Appellant, v. BOARD OF TRUSTEES FOR the PORTLAND FIRE & POLICE DISABILITY AND RETIREMENT FUND FOR the CITY OF PORTLAND, Oregon, consisting of Vera Katz, Tom Chamberlain, Leo Painton, David Thurman, Mark Kroeker, Ed Wilson, Ginny Burdick, Charles Rosenthal, Tom Whelan, Casey Honl, and Lonn Sweeney, Respondent.

Court of Appeals of Oregon.

Decided September 26, 2007.


Attorney(s) appearing for the Case

Michael C. Petersen, Portland, argued the cause for appellant. With him on the briefs was Heltzel, Upjohn, Williams, Yandell, Roth, Smith & Petersen, P.C.

Gregory H. Macpherson, Portland, argued the cause for respondent. With him on the brief were Brad S. Daniels and Stoel Rives LLP.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.


LANDAU, P.J.

This is a dispute about whether petitioner is entitled to "surviving spouse" benefits after the death of a disability and retirement fund member from whom she was divorced two years earlier. The trial court held that she is not entitled to the benefits, because the fund specifically defines a "surviving spouse" as one to whom a member was married for at least 12 months before the member's death. Petitioner appeals, arguing that the issue is controlled...

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