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MORO v. STATE

S061452; S061431; S061454; S061475; S061860.

320 P.3d 539 (2014)

354 Or. 657

Everice MORO; Terri Domenigoni; Charles Custer; John Hawkins; Michael Arken; Eugene Ditter; John O'Kief; Michael Smith; Lane Johnson; Greg Clouser; Brandon Silence; Alison Vickery; and Jin Voek, Petitioners, v. STATE of Oregon; State of Oregon, by and through the Department of Corrections; Linn County; City of Portland; City of Salem; Tualatin Valley Fire & Rescue; Estacada School District; Oregon City School District; Ontario School District; Beaverton School District; West Linn School District; Bend School District; and Public Employees Retirement Board, Respondents, and League of Oregon Cities; Oregon School Boards Association; Central Oregon Irrigation District; and Association of Oregon Counties, Intervenors. Wayne Stanley Jones, Petitioner, v. Public Employees Retirement Board; Ellen Rosenblum, Attorney General; and John A. Kitzhaber, Governor, Respondents. Michael D. Reynolds, Petitioner, v. Public Employees Retirement Board, State of Oregon; and John A. Kitzhaber, Governor, State of Oregon, Respondents. George A. Riemer, Petitioner, v. State of Oregon; Oregon Governor John Kitzhaber; Oregon Attorney General Ellen Rosenblum; Oregon Public Employees Retirement Board; and Oregon Public Employees Retirement System, Respondents. George A. Riemer, Petitioner, v. State of Oregon, Oregon Governor John Kitzhaber, Oregon Attorney General Ellen Rosenblum, Public Employees Retirement Board, and Public Employees Retirement System, Respondents.

Supreme Court of Oregon.

January 16, 2014.

Attorney(s) appearing for the Case

Kristian Roggendorf, Lake Oswego, filed the motions and combined reply on behalf of Intervenor Central Oregon Irrigation District.

Anna M. Joyce, Solicitor General, Salem, filed the response on behalf of Respondents State of Oregon, Public Employees Retirement Board, Ellen Rosenblum, Public Employees Retirement System and John A. Kitzhaber. With her on the brief were Keith L. Kutler and Matthew J. Merritt, Assistant Attorneys General.

W. Michael Gillette, Portland, filed the notice joining in the State of Oregon's response on behalf of Intervenor League of Oregon Cities.

Harry Auerbach, Chief Deputy City Attorney, Portland, filed the response on behalf of Respondent City of Portland.

Gregory A. Hartman, Portland, filed the response on behalf of the Moro Petitioners, Petitioner Riemer, Petitioner Reynolds, and Petitioner Jones.

Before BALMER, Chief Justice, KISTLER, WALTERS, LINDER, BREWER, and BALDWIN, Justices.

BALMER, C.J.

These cases challenge the constitutionality of Senate Bill (SB) 822, passed by the 2013 Legislative Assembly during its regular session, and SB 861, passed during a special session in October 2013, both of which change certain statutory provisions of the Public Employees Retirement System (PERS) and, in doing so, affect the retirement benefits of some current and former public employees. Central Oregon Irrigation District (the District), a public employer...

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