Arken v. City of Portland

These two cases are before this court on certified appeals from the Court of Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board’s (PERB or the Board) revision or reduction of benefits with respect to so-called “Window Retirees.” These cases involve the Board’s efforts to recoup overpayments of benefits to retirees that were predicated on a 20 percent earnings credit for calendar year 1999 that the Board approved by order in 2000. PERB has sought to recoup these overpayments to the Window Retirees through an overpayment recovery mechanism set out in ORS 238.715. PERB…