Federal Judge Ruling on PERS Moves to 9^th Circuit Court

On August 23, 2004, Federal District Court Judge Michael W. Mosman ignored Oregon case law and precedent and sided in favor of the Legislature’s 2003 PERS Reforms. Mosman, an appointee of the Bush administration, made it clear that he did not wish to become involved in setting aside any of the Oregon Legislature’s actions, which changed the retirement benefits of many Oregon public employees, including OEA members.

OEA General Counsel Mark Toledo said, “This was our first stop in the federal courts with this issue. We have always expected to get a full, thoughtful hearing at the next level in the 9^th Circuit Court of Appeals.” Toleda added, “I don’t believe the ruling followed interpretation of Oregon law regarding pension rights, nor regarding the law of the federal Constitution. I believe that when Oregon case law and other precedents are analyzed, it will lead to a ruling in our favor. Judge Mosman’s actions today only hasten that analysis.”