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ICMA RETIREMENT CORP. v. EXECUTIVE DEPT.

CA A43929.

757 P.2d 868 (1988)

92 Or.App. 188

IN THE MATTER OF THE APPLICATION OF ICMA RETIREMENT CORPORATION, a District of Columbia Corporation, for a Declaratory Ruling As to the Applicability of Certain Deferred Compensation Plans of Executive Department, Accounting Division, Temporary Rule. Icma Retirement Corporation, Petitioner, v. THE EXECUTIVE DEPARTMENT AND OREGON INVESTMENT COUNCIL OF THE STATE OF OREGON, Respondents.

Court of Appeals of Oregon.

Decided July 20, 1988.

Reconsideration Denied September 2, 1988.

Attorney(s) appearing for the Case

William H. Walters, Portland, argued for petitioner. With him on briefs were Mark C. McClanahan and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued for respondents. With her on brief was Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Petitioner, a purported provider of deferred compensation plans, seeks review of a declaratory ruling of respondents, the Executive Department and the Oregon Investment Council. ORS 183.410. That ruling held that the state would violate Article XI, section 6, of the Oregon Constitution and a temporary rule of the Executive Department if the state invested deferred compensation moneys in ICMA's "Plan A," to...

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