Michael ARKEN, Dale Cannon, Robyn Carrico, Carol Young, John Hawkins, Leslie Hunter, Rick Mullins, S.M. Ruonala, Patricia Thompson-Westover, and Myrna Williams, Plaintiffs-Appellants,
v.
CITY OF PORTLAND, Western Oregon University, Portland School District, City of Gresham, Linn County, University of Oregon, Portland Community College, Multnomah County, Central School District 13J, Forest Grove School District # 15, and Public Employees Retirement Board, Defendants-Respondents.
Ruth Robinson, Gerald Button, Norman Fabian, Becky Hanson, Rene Reulet, Linda Gray, Laren Ferrell, Stuart Gillett, Robert Pearson, Gary Reese, and Bruce Johnson, Petitioners-Respondents,
v.
Public Employees Retirement Board, Respondent-Appellant,
and
State of Oregon, City of Portland, Portland School District, City of Gresham, Linn County, Portland Community College, Multnomah County, Central Catholic School District 13J, and Forest Grove School District # 15, Intervenors-Appellants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Joseph M. Malkin , Orrick, Herrington & Sutcliffe, LLP, Pro Hac Vice, San Francisco, California, argued the cause for respondentappellant Public Employees Retirement Board. With him on the briefs were Townsend Hyatt and Sarah C. Marriott, Pro Hac Vice.
James S. Coon , Swanson, Thomas & Coon, Portland, argued the cause for petitionersrespondents Ruth Robinson et al. With him on the briefs was Gene Mechanic.
Joseph M. Malkin , Orrick, Herrington & Sutcliffe, LLP, Pro Hac Vice, San Francisco, California filed the briefs for defendant-respondent Public Employees Retirement Board. With him on the briefs were Townsend Hyatt and Sarah C. Marriott, Pro Hac Vice.
Jeremy D. Sacks , Stoel Rives LLP, Portland, filed the briefs for defendants-respondents Western Oregon University and University of Oregon. With him on the briefs was Amy Edwards.
Amy Edwards , Stoel Rives LLP, Portland, filed the briefs for intervenor-appellant State of Oregon. With her on the briefs was Jeremy D. Sacks.
Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.
Supreme Court of Oregon.
DE MUNIZ, C.J.
These two cases are before this court on certified appeals from the Court of Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's (PERB or the Board) revision or reduction of benefits with respect to so-called "Window Retirees."1 These cases involve the Board's efforts to recoup overpayments of benefits to retirees that were predicated on a 20 percent earnings credit for calendar year 1999 that...
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