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BAILEY v. PERB

050918, A134007.

208 P.3d 511 (2009)

228 Or. App. 300

Janet I. BAILEY, Petitioner, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Thomas K. Doyle, Portland, argued the cause for petitioner. With him on the briefs was Bennett, Hartman, Morris & Kaplan, LLP.

Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ARMSTRONG, J.

Petitioner seeks review of a final order of the Public Employees Retirement Board (PERB) that rejected her claim that she was entitled to receive credit toward retirement benefits for service as a public employee at Oregon Health and Science University (OHSU) for the month of January 2002. Although petitioner was on strike from work at OHSU in January 2002, she contends that she was entitled to receive service credit as an employee for that month because...

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