Oregon Fire/Police Retirement Committee v. Oregon Public Employes' Retirement Board

Oregon Fire/Police Retirement Committee filed a petition for judicial review of amendments to rules promulgated by Public Employes’ Retirement Board (PERB), asking that they be declared invalid. The subject rules, OAR 459-30-015, 459-30-025 and 459-10-040, are regulations which PERB amended on November 20, 1981. The issue here is whether those regulations are impermissibly inconsistent with the applicable statutory provisions. We hold that the rules are valid.

Regulations may be adopted only to carry out provisions of a statute and not to change them. Joint Council of Teamsters v. OLCC, 46 Or…