WHITE v. PUBLIC EMPLOYEES RETIREMENT BD.

(CC 040404118, 041111848; CA A142773; SC S059213).

268 P.3d 600 (2011)

351 Or. 426

Ursula WHITE, Bruce N. Reiter, and Margaret Retz, Plaintiffs-Appellants, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Defendant-Respondent, and State of Oregon, Lane County, City of Eugene, Multnomah County, City of Portland, City of Roseburg, City of Huntington, Canby Utility Board, and Rogue Valley Irrigation, Intervenors-Respondents.

Supreme Court of Oregon.

Decided December 30, 2011.


Attorney(s) appearing for the Case

Gregory A. Hartman , Bennett, Hartman, Morris & Kaplan, LLP, Portland, argued the cause for plaintiffs-appellants. With him on the briefs were Michael J. Morris and Aruna A. Masih .

Joseph M. Malkin , pro hac vice, San Francisco, California, argued the cause for defendant-respondent Public Employees Retirement Board. With him on the briefs were Sarah Marriott and Townsend Hyatt .

William F. Gary , Harrang Long Gary Rudnick P.C., Eugene, argued the cause for intervenors-respondents Lane County, et al. With him on the briefs was Sharon A. Rudnick .

Jeremy D. Sacks , Stoel Rives LLP, Portland, filed a brief for intervenor-respondent State of Oregon. With him on the brief was Amy Edwards .

Before DE MUNIZ, C.J., DURHAM, BALMER, KISTLER, WALTERS, and LINDER, JJ.


BALMER, J.

Plaintiffs, one retired member and two active members of the Public Employees Retirement System (PERS), challenge certain actions of the Public Employees Retirement Board (PERB), alleging that those actions violated PERB's fiduciary duty to manage PERS for the exclusive benefit of PERS members. Specifically, plaintiffs allege that PERB breached its fiduciary duty when it settled City of Eugene v. State of Oregon...

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