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ENGLISH v. PERB

Nos. 125766, 129958; A135928.

216 P.3d 342 (2009)

230 Or. App. 506

Katharine ENGLISH and Barbara Pinkerton, Petitioners, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided September 2, 2009.

Attorney(s) appearing for the Case

Gregory Chaimov, Portland, argued the cause for petitioners. With him on the briefs were Jeffrey F. Renshaw, Vaness A. Usui, Davis Wright Temaine LLP, Mark Johnson, and Johnson & Lechman-Su PC.

Keith L. Kutler argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Michael C. Livingston, Senior Assistant Attorney General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Petitioners seek review of a final order of the Public Employees Retirement Board (PERB) that denied their requests to change their retirement allowances and remove their designated beneficiaries. PERB denied petitioners' requests because ORS 238.305(6) provides that a retired member of the Public Employees Retirement System (PERS) may change his or her retirement allowances only in situations involving death or divorce. Upon retirement, petitioners...

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