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SALEM FIREFIGHTERS LOCAL 314 v. PERB

CA A30197; SC S32012.

717 P.2d 126 (1986)

300 Or. 663

The SALEM FIREFIGHTERS, LOCAL 314 and the Salem Police Association, Petitioners On Review, v. PUBLIC EMPLOYES RETIREMENT BOARD AND THE CITY OF SALEM, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided April 1, 1986.

Attorney(s) appearing for the Case

Gregory A. Hartman, Portland, argued the cause for petitioners on review. With him on the petition were Charles S. Tauman, Bennett, Hartman, Tauman & Reynolds, Portland, and Glenn E. Smith, Cheyenne, Wyoming.

William E. Nessly, Jr., Salem, argued the cause for respondent on review, Public Employes Retirement Bd. With him on the response were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

William J. Juza, City Atty., Salem, argued the cause and filed the response for respondent on review, City of Salem.

LINDE, Justice.

Since 1973, police officers and firefighters employed by local governments have been entitled to retirement benefits under the state Public Employes' Retirement System (PERS), unless their public employer "provides retirement benefits to its police officers and firemen which are equal to or better than the benefits which would be provided to them under the system, as determined at the expense of the public employer by the Public Employes' Retirement...

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