Strunk v. Public Employees Retirement Board

This matter is before this court on petitions for an award of attorney fees. Attorneys for petitioners — the public employees who challenged various statutory enactments revising the terms of their employee pension plans — request fees and costs related to the litigation that culminated in this court’s opinion in Strunk v. PERB, 338 Or 145, 108 P3d 1058 (2005). We hold that petitioners are entitled to an award of attorney fees under the common fund doctrine. As a result, we now refer this matter to a special master with instructions to make findings and recommendations with respect to the…