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RE v. OR. PUBLIC EMPLOYEES RETIREMENT SYS.

A148575.

301 P.3d 932 (2013)

256 Or. App. 52

Daniel C. RE, Petitioner, v. OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM, Respondent.

Court of Appeals of Oregon.

Decided April 3, 2013.

Attorney(s) appearing for the Case

Gregory A. Chaimov , Portland, argued the cause for petitioner. With him on the brief was Davis Wright Tremaine LLP.

Erin C. Lagesen , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

Pursuant to ORS 183.400(1), petitioner challenges the validity of three administrative rules of the Public Employees Retirement System (PERS) that affect retirement benefits of judge members of PERS. The administrative rules are OAR 459-007-0005(11) and (12), regarding the annual earnings credit, OAR 459-009-0200(2), (3), and (5), regarding Oregon Judicial Department contributions on behalf of judge members, and OAR 459-011-0500, regarding the use of...

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