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LENON v. PERB

050886, A134317.

206 P.3d 1165 (2009)

228 Or. App. 20

Larry LENON, Petitioner, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Michael C. Petersen, Salem, argued the cause for petitioner. With him on the briefs was Heltzel, Upjohn, Williams, Yandell, Roth, Smith & Petersen, P.C.

Cecil A. Reniche-Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and SCHUMAN, Judge.

LANDAU, P.J.

At issue in this retirement benefits case is whether petitioner, who for approximately 14 years opted out of his employer's retirement plan, is nevertheless entitled to a benefit under the Public Employees Retirement System (PERS) for unused sick leave accumulated during that 14-year period because his employer later joined PERS and he was a member of PERS at the time that he retired. The Public Employees Retirement Board (PERB) issued an order denying...

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