Cascade Business News, May 17, 2012


Local Attorney Files Lawsuit over PERS Benefits

May 17, 2012

Bend Attorney Daniel C. Re has filed a lawsuit in the Oregon Court of Appeals arguing that three administrative rules that deal with PERS benefits for judges are unconstitutional. Re is a founding partner and current director and shareholder of the firm Hurley Re PC Attorneys at Law. Prior to founding Hurley Re in 1995, he was partner with Bryant, Lovlien, Jarvis and

Re offers that there are two primary issues in the case: (1) I am entitled to have this case decided by non-PERS judges and (2) all of the judges on the court that invalidated Ballot Measure 8 in 1996 were PERS members and they were disqualified from deciding that case, therefore, Ballot Measure 8 is still the law of Oregon.

Ballot Measure 8 ended the PERS pick-up, the guaranteed minimum rate of return on PERS members employee accounts and, the use of unused sick leave as part of PERS members final average salary. When the court threw out ballot measure 8, those benefits were reinstated. Re said, “We expect the court to hear oral arguments on this case in late summer and issue an
opinion in couple of months later. We expect to lose this case and we will then ask the Oregon Supreme Court to review it but we do not expect the Supreme Court to do so. Then, we plan to file a case in federal court on the grounds that the Oregon courts have denied me my due process right under the U.S. Constitution to independent judges.”…

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