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CITY OF LA GRANDE v. PUBLIC EMP. RETIREMENT BD.

576 P.2d 1204 (1978)

281 Or. 137

CITY OF LA GRANDE, a Municipal Corporation, Respondent, v. PUBLIC EMPLOYES RETIREMENT BOARD OF THE STATE OF OREGON, Clay Myers, As Secretary of State of the State of Oregon, La Grande Police Association, and La Grande Firefighters' Union, Local No. 924, International Association of Firefighters, American Federation of Labor, Congress of Industrial Organization, Canadian Labour Congress, Petitioners. City of Astoria, a Municipal Corporation, Respondent, v. Public Employes Retirement Board of the State of Oregon, Lester L. Rawls, As Insurance Commissioner of the State of Oregon, Leander Quiring, As Director of the Department of General Services of the State of Oregon, Clay Myers, As Secretary of State of the State of Oregon, Policemen and Firemen of the City of Astoria, As a Class, Petitioners.

Supreme Court of Oregon, In Banc.

Decided January 31, 1978.

Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause and filed a brief for petitioners Policemen and Firemen of the City of Astoria, as a class.

Al J. Laue, Sol. Gen., Salem, argued the cause for petitioner Public Employes' Retirement Board of the State of Oregon. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen.

Ross E. Hearing, La Grande, argued the cause and filed a brief for respondent City of La Grande.

D. Richard Fischer, Astoria, argued the cause for respondent City of Astoria. With him on the brief was Robert C. Anderson of Anderson, Fulton, Lavis & Van Thiel, Astoria.

James M. Mattis, Eugene, Sp. Counsel for amici curiae, Edward C. Harms, Jr., City Atty., Springfield, J.B. Bedingfield, Jr., City Atty., Coos Bay, Charles A. Phipps, City Atty., The Dalles, John H. Hammond, Jr., Oregon City, City Atty., Gladstone, J.D. Bailey, Hillsboro, City Atty., Tigard, L. Charles Purvis, St. Helens, City Atty., Rainier, and Earl McFarlan, City Atty., Sweet Home, filed a brief for seven Oregon cities as amici curiae.

LINDE, Justice.

By a 1971 enactment, the legislative assembly required all police officers and firemen employed by any city, county, or district to be brought within the state's Public Employes Retirement System by July 1, 1973, unless the particular public employer provides them with equal or better retirement benefits. Or. Laws 1971, ch. 692, codified at ORS 237.610-237.640. The same statute also required these public employers to pay the premiums on an insurance...

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