JAMES v. STATE

SC S066933.

471 P.3d 93 (2020)

366 Or. 732

Jennifer JAMES, Lisa Riegel, Rosanne Scott, Robert Martineau, Regina Thompson, Emily Marx, Dustin Andrews, Brandon Silence, Thomas Cleary, Petitioners, v. STATE of Oregon; State of Oregon by and through the Department of Human Services and the Department of Transportation; Multnomah County; City of Portland; City of Salem; Oregon Health & Science University; Mount Hood Community College; Molalla River School District; and Public Employees Retirement Board, Respondents.

Supreme Court of Oregon, En Banc.

August 6, 2020.


Attorney(s) appearing for the Case

Aruna A. Masih , Bennett Hartman, LLP, Portland, argued the cause and filed the briefs for petitioners on review. Also on the brief was Gregory A. Hartman , Portland.

Benjamin Gutman , Solicitor General, Salem, argued the cause and filed the brief for respondents State of Oregon and the Public Employees Retirement Board. Also on the brief was Ellen F. Rosenblum , Attorney General.

Daniel Simon , Deputy City Attorney, argued the cause and filed the brief for respondents City of Portland and Multnomah County. Also on the brief were Tracy Reeve , City Attorney, and Robert L. Taylor , Chief Deputy City Attorney.

William F. Gary , Harrang Long Gary Rudnick P.C., Eugene, argued the cause for respondents City of Salem, Oregon Health and Science University, Mount Hood Community College, and Molalla River School District. Sharon A. Rudnick , Eugene, filed the brief. Also on the brief was William F. Gary , Eugene.

Paul C. Elsner , Beery, Elsner & Hammond, LLP, Portland, filed the brief for amici curiae League of Oregon Cities and Association of Oregon Counties. Also on the brief was Ashley O. Driscoll , Portland.


The Public Employees Retirement System (PERS) is a retirement-benefit program for covered public employee members. In 2019, the legislature made various changes to PERS by enacting amendments set out in SB 1049. Or. Laws 2019, ch. 355. Petitioners are PERS members challenging two of those amendments. Respondents are the state, the...

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