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SUNDERMIER v. STATE

12C13753; A154412.

344 P.3d 1142 (2015)

269 Or.App. 586

Paul J. SUNDERMIER, Plaintiff-Appellant, v. STATE of Oregon, acting by and through its PUBLIC EMPLOYEES RETIREMENT SYSTEM and Public Employee Retirement Board, Trustee and fiduciary, Defendant-Respondent, and Paul R. Cleary, et al., Defendants.

Court of Appeals of Oregon.

Decided March 11, 2015.

Attorney(s) appearing for the Case

Paul J. Sundermier, Salem, argued the cause and filed the briefs for appellant pro se.

Peenesh H. Shah , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before GARRETT, Presiding Judge, and EGAN, Judge, and DeVORE, Judge.

This appeal involves two competing interpretations of a statute. The legislature enacted ORS 238.364, which provides some retired public employees with an additional retirement benefit to offset their state income tax liability. There is no dispute that that was the purpose of the law. Petitioner contends, however, that what the legislature...

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