tag:blogger.com,1999:blog-11957094.post5120320106842757777..comments2023-10-26T03:07:27.469-07:00Comments on Oregon PERS Information: The Dividemrfearless47http://www.blogger.com/profile/03454690519716783056noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-11957094.post-51204843756725745472013-02-11T12:46:49.254-08:002013-02-11T12:46:49.254-08:00Andrew. I think the reason the AG pointed to sect...Andrew. I think the reason the AG pointed to section 1 in the Strunk ruling goes back to the original COLA begun in 1971 as a gratuity. If you allow yourself to be deluded by THAT line of thinking, it becomes easier to defend the Governor's proposal by arguing that something saving employers $810 million per biennium has gone far beyond a mere gratuity. Of course, it also ignores what the mrfearless47https://www.blogger.com/profile/03454690519716783056noreply@blogger.comtag:blogger.com,1999:blog-11957094.post-63764705918993904942013-02-11T12:23:53.171-08:002013-02-11T12:23:53.171-08:00It is true the Strunk opinion only asserts that re...It is true the Strunk opinion only asserts that retirees must be provided a COLA under ORS 238.360<br />(1), so that it is conceptually coherent to deny that the amount of the COLA has to conform to ORS 238.360 (2). Nonetheless, such a denial requires a tortured reading of the statute. If it were the case that it were obligatory under the statute merely to provide some COLA, the state could meet Andrewhttps://www.blogger.com/profile/01254573971310007083noreply@blogger.comtag:blogger.com,1999:blog-11957094.post-63556216666777914002013-02-11T11:46:51.304-08:002013-02-11T11:46:51.304-08:00Actually the high powered attorney is arguing the ...Actually the high powered attorney is arguing the pension system and executive side. I don't think the Rhode Island case will have much bearing on what happens this time around because the timing is wrong. But if it reaches the Rhode Island Supreme Court and from there gets bumped to the Federal Level, it might be eye-opening. Nevertheless, if the Rhode Island case somehow gets handled in mrfearless47https://www.blogger.com/profile/03454690519716783056noreply@blogger.comtag:blogger.com,1999:blog-11957094.post-56403249574570024702013-02-11T11:16:20.193-08:002013-02-11T11:16:20.193-08:00It's not clear how this will play out. Courts ...It's not clear how this will play out. Courts don't stray too far out of the political mainstream for too long, and the mainstream is moving against public employees on pension costs. <br /><br />Keep an eye on what's going on in Rhode Island. Very high powered attorney arguing the employee position. <br /><br />http://www.nytimes.com/2012/12/05/business/Willhttps://www.blogger.com/profile/14896720049902610943noreply@blogger.comtag:blogger.com,1999:blog-11957094.post-33393044730908368402013-02-10T16:03:15.035-08:002013-02-10T16:03:15.035-08:00It might be a good idea to include this informatio...It might be a good idea to include this information when contacting your legislators.<br />It should let them know that we are considering all aspects of this issue and plan to use them as needed to make our case.RKShttps://www.blogger.com/profile/04734565862903414010noreply@blogger.comtag:blogger.com,1999:blog-11957094.post-27904832965191232532013-02-10T12:15:30.884-08:002013-02-10T12:15:30.884-08:00Excellent post and very informative. The legislat...Excellent post and very informative. The legislature would be foolish to take the risk of a COLA change being overturned and then having to make up the lost revenue or cut the additions, such as new teachers, that they made with the money.<br /><br />Thanks for your research and making complex issues understandable.Kolbshttps://www.blogger.com/profile/14827472213029681136noreply@blogger.com