Window Retiree Class Action Filed

Window Retiree Class Action Filed

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» PERS Litigation on the Bennett, Hartman, Morris & Kaplan site

Feb 2, 2006
Window Retiree Class Action Filed
The following article is from the Oregon Labor and Employment Law Blog, as posted by T. Doyle on Jan. 19.

On Jan. 17, 2006, Bennett, Hartman, Morris & Kaplan filed a class action complaint in Multnomah County Circuit Court on behalf of Tier One PERS members who retired between April 1, 2000 and April 1, 2004, referred to as the "window period."

The class action complaint alleges that the withholding of COLA for the years 2003 to 2006 from these Tier One PERS members constitutes a breach of their PERS contract and a violation of the Oregon wage and hour laws, in light of the Oregon Supreme Court's decision in Strunk v. PERB, 338 Or 145, 108 P3d 1058 (2005).

In addition, the complaint alleges that the PERS Board's intent to pursue collection actions against such retirees for alleged overpayment of 1999 earnings would also constitute a breach of their PERS contract, would be without probable cause, and would cause irreparable harm.

It is anticipated that this case can be resolved by summary judgment which will allow PERS members to ask the trial judge to halt the process which PERS has commenced to collect any alleged overpayments.