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Robinson v. Public Employees Retirement Board

Summarized by: 

Date Filed: 12-30-2011
Case #: S058882
De Muniz, C.J. for the Court; Durham, J.; Balmer, J.; Kistler, J.; Walters, J.; & Linder, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/S058882.pdf

Employment Law: Concerning the PERS statutory contract - when a court invalidates a statutory mechanism, the Legislative Assembly remains free to provide a remedy for those who have lost payments they would have received pursuant to the mechanism.

Robinson, et al., filed for reconsideration requesting that the Supreme Court declare that the use of either the administrative expense mechanism or COLA freeze mechanism would be a breach of the Public Employee Retirement System (PERS) contract, but then leave the choice of remedy for breach to the Legislative Assembly. The Court's previous disposition was to invalidate both mechanisms. The Court adhered to its former opinion, but clarified that the invalidation does not imply that the Legislative Assembly is powerless to take action to provide a remedy.