UPDATE as of Sept. 27, 2013: Click here to read the PERS bills that the legislature is considering during the 2013 Special Session. Bennett, Harman, Morris & Kaplan LLC has provided an updated analysis on SB 822's challenge here.
On July 1, 2013, on behalf of the PERS Coalition and its members, Bennett, Hartman, Morris & Kaplan LLP filed a challenge to Senate Bill 822 electronically with the Oregon Supreme Court.
Specifically, the challenge alleges that members have a contract right and a property interest in their Cost of Living Adjustments (COLAs) and SB 656 (chapter 796, Oregon Laws 1991) tax remedy benefits. The changes to these rights made by Sections 1 and 3, 5 and 7, and 11-17 of Senate Bill 822 constitute:
• an impairment of contract under the Oregon and U.S. Constitutions,
• a taking of property without proper compensation, and
• a breach of contract.
A copy of the petition filed with the Oregon Supreme Court can be accessed through the Bennett, Hartman, Morris, and Kaplan here.
As additional important pleadings are filed in the case, links to the documents will be provided on this website.