PERS Lawsuit

7/28/2019 PERS Lawsuit

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Page 1 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)

IN THE SUPREME COURT OF THE STATE OF OREGON

EVERICE MORO, TERRI DOMENIGONI,CHARLES CUSTER, JOHN HAWKINS,

MICHAEL ARKEN, EUGENE DITTER JOHN O’KIEF, MICHAEL SMITH, LANEJOHNSON, GREG CLOUSER, BRANDONSILENCE, ALISON VICKERY, and JINVOEK,

Petitioners,

v.

STATE OF OREGON, STATE OF

OREGON by and through theDEPARTMENT OF CORRECTIONS, LINNCOUNTY, CITY OF PORTLAND, CITY OFSALEM, TUALATIN VALLEY FIRE &RESCUE, ESTACADA SCHOOLDISTRICT, OREGON CITY SCHOOLDISTRICT, ONTARIO SCHOOLDISTRICT, BEAVERTON SCHOOLDISTRICT, WEST LINN SCHOOLDISTRICT, BEND SCHOOL DISTRICT,and PUBLIC EMPLOYEES RETIREMENTBOARD,

Respondents.

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))))))))))))))

Supreme Court Case No. S061452

PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)

SENATE BILL 822 (2013)

COMMON ALLEGATIONS

1. Petitioners are public employee active or retired members of the Public Employees

Retirement System (“PERS”). Some active member petitioners are also members of the Oregon

Public Service Retirement Plan (“OPSRP”) of PERS.

2. The provisions of ORS Chapter 238 (2011) and ORS Chapter 238A (2011) create contracts

between the public employers and their public employees (“the PERS contracts”). Pursuant to






retirement will be substantially reduced, as set forth in petitioner ’s affidavit attached hereto as

EXHIBIT C and incorporated herein by this reference.

7. Petitioner John Hawkins (“Hawkins”) is a retired employee of respondent Linn County and

a member of the Service Employees International Union (SEIU). Petitioner Hawkins will be

adversely and irreparably harmed by SB 822 in that petitioner ’s retirement benefits will be

substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT D and

incorporated herein by this reference.

8.

Petitioner Michael Arken (“Arken”) is a retired employee of respondent City of Portland

and a member of the Oregon AFSCME Council 75 (AFSCME). Petitioner Arken will be


substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT E and


9. Petitioner Eugene Ditter (“Ditter”) is a retired employee of respondent Tualatin Valley Fire

& Rescue and a member of the International Association of Fire Fighters (IAFF). Petitioner

Ditter will be adversely and irreparably harmed by SB 822 in that petitioner ’s retirement benefits

will be substantially reduced, as set forth in petitioner ’s af fidavit attached hereto as EXHIBIT F

and incorporated herein by this reference.

10. Petitioner John O’Kief (“O’Kief”) is a retired employee of respondent Ontario School

District and a member of the Oregon Education Association (“OEA”). Petitioner O’Kief will be





substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT G and


11. Petitioner Michael Smith (“Smith’) is a retired employee of respondent Beaverton School

District and is a member of the Oregon PERS Retirees, Inc. (OPRI). Petitioner Smith will be


substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT Hand


12. Petitioner Lane Johnson (“Johnson”) is a current employee of respondent West Linn

School District and is a member of the Oregon Education Association (OEA). Petitioner Johnson

will be adversely and irreparably harmed by SB 822 in that petitioner ’s benefits on retirement will

be substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT I and


13. Petitioner Greg Clouser (“Clouser”) is a current employee of respondent State of Oregon,

Department of Corrections and is a member of Oregon AFSCME (AFSCME). Petitioner Clouser

will be adversely and irreparably harmed by SB 822 in that petitioner ’s benefits on retirement will

be substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT J and





14. Petitioner Brandon Silence (“Silence”) is a current employee of respondent City of Salem

and is a member of the International Association of Fire Fighters (IAFF). Petitioner Silence will

be adversely and irreparably harmed by SB 822 in that petitioner ’s benefits on retirement will be

substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT K and


15. Petitioner Alison Vickery (“Vickery”) is a current employee of respondent Bend School

District and is a member of the Oregon Education Association (OEA). Petitioner Vickery will be

adversely and irreparably harmed by SB 822 in that petitioner ’s benefits on retirement will be

substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT L and


16. Petitioner Jin Voek (“Voek”) is a current employee of respondent City of Portland and is a

member of the International Association of Fire Fighters (IAFF). Petitioner Voek will be

adversely and irreparably harmed by SB 822 in that petitioner ’s benefits on retirement will be

substantially reduced, as set forth in petitioner ’s affidavit attached hereto as EXHIBIT M and


17. Respondent Public Employees Retirement Board (PERB) is the governing authority of

PERS and OPSRP and is named in this action as a necessary party solely for purposes of relief and

for no other purpose.




18. Petitioners bring this action for a determination pursuant to Section 19 of SB 822, which

confers jurisdiction upon the Oregon Supreme Court to determine whether SB 822 breaches any

contract between members of the Public Employees Retirement System and their employers,

violates any constitutional provision, including but not limited to impairment of contract rights of

members of the Public Employees Retirement System under Article I, section 21, of the Oregon

Constitution, or Article I, section 10, clause 1, of the United States Constitution, or is invalid for

any other reason.

19.

There is a justiciable controversy between petitioners and respondents in that petitioners

will be directly and adversely affected by SB 822 if it is not declared unconstitutional or a breach

or invalid for some other reason. Petitioners have met all prerequisites of Section 19 of SB 822.

20. Pursuant to Section 19, subsection 6, of SB 822, the Court should appoint a special master

to hear evidence and prepare recommended findings of fact in this matter.

21. Petitioners are entitled to reasonable attorney fees for protecting the PERS fund and the

benefits of PERS members under the common fund doctrine and/or under ORS 652.200 for an

action for the collection of wages.




FIRST CLAIM FOR RELIEF

(SB 822, Sections 1 and 3; PERS-Cost of Living Adjustments)

(Unconstitutional Impairment of Contract-State Constitution)

22. Petitioners Moro, Domenigoni, Custer, Hawkins, Arken, Ditter, O’Kief, Smith, Johnson,

Clouser, and Vickery reallege paragraphs 1-21.

23. Prior to the enactment of SB 822, ORS 238.360 provided that petitioners would be entitled

to a an annual Cost of Living Adjustment (COLA) based on the Consumer Price Index (Portland

area-all items) up to a maximum of 2.0%, and that any amount in excess of 2.0% maximum shall

be accumulated from year to year and included in the computation of the COLA in succeeding

years. As a practical matter, this has meant an annual increase in benefits of 2.0%. The COLA

benefits provided under ORS 238.360 are part of petitioner s’ PERS contracts.

24. Pursuant to Section 1 of SB 822, after July 1, 2013 and before July 1, 2014, the maximum

COLA to petitioner s’ benefits will be 1.5%. On and after July 1, 2014, pursuant to Section 3 of

SB 822, COLA to petitioner s’ benefits will be limited as follows:

a. for yearly allowance greater than $20,000 but not more than $40,000, $400 plus

1.5% of the allowance amount exceeding $20,000;

b. for yearly allowance greater than $40,000 but not more than $60,000, $700 plus


c. for yearly allowance greater than $60,000, $900 plus 0.25% of the allowance

amount exceeding $60,000.




25. Sections 1 and 3 of SB 822 unconstitutionally impair the contracts between petitioners, the

State of Oregon and public employers in violation of Article I, Section 21 of the Oregon

Constitution. Petitioners are entitled to a declaration that Sections 1 and 3 of SB 822 are

unconstitutional, null and void.

SECOND CLAIM FOR RELIEF

(SB 822, Sections 1 and 3; PERS-Cost of Living Adjustment 2013)

(Unconstitutional Impairment of Contract – U.S. Constitution)

26.

Petitioners Moro, Domenigoni, Custer, Hawkins, Arken, Ditter, O’Kief, Smith, Johnson,

Clouser, and Vickery reallege paragraphs 1-21 and 23-24.


State of Oregon and public employers in violation of Article I, section 10, clause 1, of the United

States Constitution. Petitioners are entitled to a declaration that Sections 1 and 3 of SB 822 are


THIRD CLAIM FOR RELIEF

(SB 822, Sections 1 and 3; PERS -Cost of Living Adjustments)

(Unconstitutional Taking Without Compensation)






29. Petitioners have protected private property rights in receiving promised retirement

benefits, including the annual COLA. Petitioner s’ property interests in their pensions were

established when they accepted employment with and performed work for their respective public

employers.

30. Sections 1 and 3 of SB 822 constitute a “taking” of petitioner s’ protected property

interests. Petitioners have not received just compensation for the taking of their property interests

in violation of Article I, Section 18 of the Oregon Constitution.

31. Petitioners are entitled to a declaration that Sections 1 and 3 of SB 822 constitute an

unconstitutional taking for which petitioners are entitled to just compensation of the difference

between what they would have received as an annual COLA had SB 822 not been enacted and

what petitioners will now receive as a result of SB 822.

FOURTH CLAIM FOR RELIEF

(SB822, Sections 1 and 3; PERS -Cost of Living Adjustment)

(Breach of Contract)



33. Even if Sections 1 and 3 of SB 822 are not unconstitutional, they breach the petitioner s’

PERS contracts for COLA benefits/wages due and owing.




34. Petitioners have performed all conditions precedent or have satisfied part performance and

are entitled to subsequent completion of service necessary for receipt of COLA benefits. As a

result of respondents’ breach petitioners are damaged through a reduction in their COLA

benefits/non-payment of wages due and owing. Petitioners are entitled to a declaration that

respondents are liable for breach of contract/non-payment of wages due and owing and that

petitioners are entitled to receive an amount in COLA no less than the amount they would have

received had SB 822 not been enacted and for retiree petitioners attorney fees in an action for

collection of wages under ORS 652.200.

FIFTH CLAIM FOR RELIEF

(SB 822, Sections 5 and 7; OPSRP Cost of Living Adjustments)


35. Petitioners Silence and Voek reallege paragraphs 1-21.

36. Prior to the enactment of SB 822, ORS 238A.210 provided that petitioners would be

entitled to a an annual Cost of Living Adjustment (COLA) based on the Portland-Salem, OR-WA,

Consumer Price Index for All items up to a maximum of 2.0%, except that no adjustment can be

lower than the amount that would have been payable if no COLA had been made since the benefit

first became payable. In addition, ORS 238A.470 provided that such benefits could only be

changed for benefits attributable to service performed after and salary earned after the effective

date of the change. The COLA benefits provided under ORS 238A.210 attributable to service

performed before the effective date of SB 822 are part of petitioners’ OPSRP contract.




37. Contrary to the terms of ORS 238A.470 and without regard to petitioner ’s service

performed prior to the effective date of SB 822, pursuant to Section 5 of SB 822, after July 1, 2013

and before July 1, 2014, the maximum COLA to petitioners’ benefit will be 1.5%. On and after

July 1, 2014, pursuant to Section 7 of SB 822, petitioner s’ COLA will be limited as follows:

a. for yearly allowance greater than $20,000 but not more than $40,000, $400 plus


b. for yearly allowance greater than $40,000 but not more than $60,000, $700 plus


c. for yearly allowance greater than $60,000, $900 plus 0.25% of the allowance

amount exceeding $60,000.

38. Sections 5 and 7 of SB 822 unconstitutionally impairs the contract between petitioners, the

State of Oregon and public employers in violation of Article I, Section 21 of the Oregon

Constitution. Petitioners are entitled to a declaration that Sections 5 and 7 of SB 822 is


SIXTH CLAIM FOR RELIEF

(SB 822, Sections 5 and 7; OPSRP-Cost of Living Adjustments)

(Unconstitutional Impairment of Contract – U.S. Constitution)

39. Petitioners Silence and Voek reallege paragraphs 1-21 and 36-37.






States Constitution. Petitioners are entitled to a declaration that Sections 5 and 7 of SB 822 are


SEVENTH CLAIM FOR RELIEF

(SB 822, Sections 5 and 7; OPSRP-Cost of Living Adjustments)


41.

Petitioners Silence and Voek reallege paragraphs 1-21 and 36-37.


benefits, including the annual COLA. Petitioners’ property interests in such benefits were

established when they accepted employment with and performed work for public employers.

43. Sections 5 and 7 of SB 822 constitute a “taking” of petitioners’ protected property

interests. Petitioners have not received just compensation for the taking of such property interests

in violation of Article I, Section 18 of the Oregon Constitution.

44. Petitioners are entitled to a declaration that Sections 5 and 7 of SB 822 constitute an

unconstitutional taking for which petitioners are entitled to just compensation of the difference

between what petitioners would have received as an annual COLA had SB 822 not been enacted

and what petitioners will now receive as a result of SB 822.




EIGHTH CLAIM FOR RELIEF

(SB822, Sections 5 and 7; OPSRP-Cost of Living Adjustments)


45. Petitioners Silence and Voek reallege paragraphs 1-21 and 36-37.

46. Even if Sections 5 and 7 of SB 822 are not unconstitutional they breach petitioners’

OPSRP contract for COLA benefits/wages due and owing.

47.

Petitioners have performed all conditions precedent or have satisfied part-performance and

are entitled to subsequent completion of the necessary service for such COLA benefits. As a

result of respondents’ breach petitioner is damaged through a reduction in COLA benefits/

non-payment of wages due and owing. Petitioners are entitled to a declaration that respondents are

liable for breach of contract and for non-payment of wages due and owing and that petitioners are

entitled to receive an amount in COLA benefits/wages no less than the amount petitioners would

have received had SB 822 not been enacted and for retiree petitioners’ attorney fees in an action

for collection of wages under ORS 652.200.

NINTH CLAIM FOR RELIEF

(SB 822, Sections 11-17-SB 656 Benefits for Out of State Retirees)


48. Petitioner s O’Kief and Smith reallege paragraphs 1-21.




49. Petitioners reside outside the state of Oregon and their retirement benefits are not subject to

Oregon personal income tax.

50. Prior to the enactment of SB 822, petitioners were entitled to receive benefits under chapter

796, Oregon Laws 1991 (SB 656) based on total years of service at retirement regardless of where

they resided and even if they did not pay Oregon personal income taxes on their benefits. The

years of service benefits provided under chapter 796, Oregon Laws 1991 (SB 656) are part of

petitioner s’ PERS contracts.

51. Pursuant to Sections 11-17 of SB 822, effective the first day of the calendar year following

receipt of notice by the PERS Board that petitioners do not reside in Oregon and are not subject to

Oregon personal income tax (i.e., January of 2014), petitioners will no longer receive the benefits

under chapter 796, Oregon Laws 1991 (SB 656).

52. Sections 11-17 of SB 822 unconstitutionally impair the contracts between petitioners, the

State of Oregon, and public employers in violation of Article I, Section 21 of the Oregon

Constitution. Petitioners are entitled to a declaration that, Sections 11-17 of SB 822 are





TENTH CLAIM FOR RELIEF


(Unconstitutional Impairment of Contract-US Constitution)

53. Petitioners O’Kief and Smith reallege paragraphs 1-21 and 49-51.

54. Sections 11-17 of SB 822 unconstitutionally impair the contracts between petitioners, the


States Constitution. Petitioners are entitled to a declaration that Sections 11-17 of SB 822 are


ELEVENTH CLAIM FOR RELIEF



55. Petitioner s O’Kief and Smith reallege paragraphs 1-21 and 49-51.


benefits, including the years of service benefits provided under chapter 796, Oregon Laws 1991

(SB 656). Petitioner s’ property interests in such benefits were established when they accepted

employment with and performed work for public employers.




57. Sections 11-17 of SB 822 constitute a “taking” of petitioner s’ protected property interests.

Petitioners have not received just compensation for the taking of their property interests in

violation of Article I, Section 18 of the Oregon Constitution.

58. Petitioners are entitled to a declaration that Sections 11-17 of SB 822 constitute an

unconstitutional taking for which petitioners are entitled to just compensation measured as the

difference between what petitioners would have received as total service benefits under chapter

796, Oregon Laws 1991 (SB 656) had SB 822 not been enacted and what petitioners will now

receive as a result of SB 822.

TWELFTH CLAIM FOR RELIEF



59. Petitioner s O’Kief and Smith reallege paragraphs 1-21 and 49-51.

60. Even if Sections 11-17 of SB 822 are not unconstitutional they breach the petitioner s’

PERS contracts for total service benefits under chapter 796, Oregon Laws 1991 (SB 656)/wages

due and owing.

61. Petitioners have performed all conditions precedent. As a result of respondents’ breach,

petitioners will be damaged through a reduction in total service benefits under chapter 796, Oregon

Laws 1991 (SB 656)/non-payment of wages due and owing. Petitioners are entitled to a






7. Awarding petitioners their costs, disbursements and reasonable attorney fees

incurred herein under the common fund doctrine and/or for retirees under ORS 652.200.

DATED this 1st day of July, 2013.

s/Gregory A. HartmanGregory A. Hartman, OSB 74128Aruna A. Masih, OSB 97324Of Attorneys for Petitioners











June 27, 2013

Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204

Re: Everice Moro — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:

At your request, I have determined the estimated loss of PERS pension benefits retired Member

Everice Moro and her beneficiary will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon Everice Moro’s life expectancycombined with her survivor beneficiary’s life expectancy. The sum of the expected future benefit payments under both SB 822 and prior law is determined assuming the dates of death correspond with their life expectancies, and the difference is the estimated average benefit loss for PERSMembers with similar ages and benefit levels. Actuarial present values are not used – only expected benefit payment totals are employed.

The mortality assumptions used in computing life expectancy, and the old-law COLA assumption,are identical to those used to compute PERS system costs in the December 31, 2011 actuarial report(the most recent report available).

A summary of the year by year loss is provided in the attached report. The results of my calculations

are shown below:

Everice Moro’s estimated benefit loss attributable to SB 822: $8,101

Calculation Data

Everice Moro:

Birth Date: .

Benefit Amount: $1,539.44 per month as of August 1, 2012.

Benefit Form: PERS Option 2A - 100% Joint & Survivor Annuity.

Employment Classification: School employee.

Oregon Residency: In-state.David Moro:

Birth Date:

Survivorship Benefit: 100% of Everice Moro's benefit.

Source of Information: Office of Greg Hartman, PERS Benefit Estimate dated August 31, 2011,PERS paystub for 1

stquarter of 2013.

Exhibit 2, Page 1 of



Greg HartmanJune 27, 2013Page 2 of 2Re: Everice Moro — Estimated PERS benefit loss attributable to Senate Bill 822

Actuarial Assumptions

Valuation Date: August 1, 2013.

Mortality: RP-2000 (generational mortality projection using scale AA).Everice Moro: white collar (female) with 24-month setback.David Moro: 25% blue collar (male), with 12-month setback.

Interest: Not applicable.

Old-law COLA:(Cost-of-Living Adjustment) 2% per year.

Statement of Qualifications: I am a consulting actuary who has been employed in pension-related

actuarial work since 1984. I am an Associate of the Society of Actuaries, a Fellow of the Conferenceof Consulting Actuaries, a Member of the ASPPA College of Pension Actuaries, and an Enrolled Actuary. I satisfy the Qualification Standards of the American Academy of Actuaries to render theactuarial opinion contained in this letter. I am not aware of any actual or potential conflict of interestthat would impair my objectivity.

Please contact me if you have any questions.

Sincerely,

David MacLennan, ASA, MSPA, FCA, EAConsulting [email protected]




Member: Everice Moro

Everice Moro's Life Expectancy: 24.25 years

Survivor's expected payment period: 2.90 years

Total expected payment period: 27.15 years

COLA

Year ending Loss

7/31/2014 $92

7/31/2015 $94

7/31/2016 $96

7/31/2017 $98

7/31/2018 $100

7/31/2019 $103

7/31/2020 $109

7/31/2021 $117

7/31/2022 $127

7/31/2023 $1397/31/2024 $154

7/31/2025 $171

7/31/2026 $191

7/31/2027 $213

7/31/2028 $238

7/31/2029 $266

7/31/2030 $297

7/31/2031 $330

7/31/2032 $367

7/31/2033 $407

7/31/2034 $451

7/31/2035 $4987/31/2036 $548

7/31/2037 $602

7/31/2038 $659

7/31/2039 $721

7/31/2040 $786

7/31/2041 $128

TOTAL $8,101



http://slidepdf.com/reader/full/pers-lawsuit 26/120EXHIBIT B









June 27, 2013


Re: Terri Domenigoni — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:


Terri Domenigoni and her beneficiary will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon Terri Domenigoni’s life expectancycombined with her survivor beneficiary’s life expectancy. The sum of the expected future benefit payments under both SB 822 and prior law is determined assuming the dates of death correspond with their life expectancies, and the difference is the estimated average benefit loss for PERSMembers with similar ages and benefit levels. Actuarial present values are not used – only expected benefit payment totals are employed.



are shown below:

Terri Domenigoni’s estimated benefit loss attributable to SB 822: $28,797

Calculation Data

Terri Domenigoni:

Birth Date: .


Benefit Form: PERS Option 2A - 100% Joint & Survivor Annuity.

Employment Classification: School employee.

Oregon Residency: In-state.Daniel Domenigoni:

Birth Date: .

Survivorship Benefit: 100% of Terri Domenigoni's benefit.

Source of Information: Office of Greg Hartman, PERS Notice of Entitlement dated September 26,2006, PERS retiree internet database.




Greg HartmanJune 27, 2013Page 2 of 2Re: Terri Domenigoni — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: RP-2000 (generational mortality projection using scale AA).Terri Domenigoni: white collar (female) with 24-month setback.Daniel Domenigoni: 25% blue collar (male), with 12-monthsetback.



Statement of Qualifications: I am a consulting actuary who has been employed in pension-related actuarial work since 1984. I am an Associate of the Society of Actuaries, a Fellow of the Conferenceof Consulting Actuaries, a Member of the ASPPA College of Pension Actuaries, and an Enrolled Actuary. I satisfy the Qualification Standards of the American Academy of Actuaries to render theactuarial opinion contained in this letter. I am not aware of any actual or potential conflict of interestthat would impair my objectivity.


Sincerely,





Member: Terri Domenigoni

Terri Domenigoni's Life Expectancy: 24.50 years



COLA

Year ending Loss

7/31/2014 $130

7/31/2015 $166

7/31/2016 $204

7/31/2017 $245

7/31/2018 $290

7/31/2019 $339

7/31/2020 $391

7/31/2021 $446

7/31/2022 $506

7/31/2023 $5697/31/2024 $637

7/31/2025 $709

7/31/2026 $785

7/31/2027 $865

7/31/2028 $950

7/31/2029 $1,040

7/31/2030 $1,135

7/31/2031 $1,235

7/31/2032 $1,340

7/31/2033 $1,450

7/31/2034 $1,565

7/31/2035 $1,6877/31/2036 $1,814

7/31/2037 $1,946

7/31/2038 $2,086

7/31/2039 $2,235

7/31/2040 $2,394

7/31/2041 $1,640

TOTAL $28,797



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June 27, 2013


Re: Charles Custer — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:


Charles Custer and his beneficiaries will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon Charles Custer’s life expectancycombined with his survivor beneficiary’s life expectancy. The sum of the expected future benefit payments under both SB 822 and prior law is determined assuming the dates of death correspond with their life expectancies, and the difference is the estimated average benefit loss for PERSMembers with similar ages and benefit levels. Actuarial present values are not used – only expected benefit payment totals are employed.



are shown below:

Charles Custer’s estimated benefit loss attributable to SB 822: $47,996

Calculation Data

Charles Custer:

Birth Date:


Benefit Form: PERS Option 3A – 50% Joint & Survivor Annuity.

Employment Classification: Police & Fire.

Oregon Residency: In-state.Kathryn Custer:

Birth Date: .

Survivorship Benefit: 50% of Charles Custer’s benefit.

Source of Information: Office of Greg Hartman, PERS Notice of Entitlement dated August 17,1993, PERS paystub for 1

stquarter of 2013.




Greg HartmanJune 27, 2013Page 2 of 2Re: Charles Custer — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: RP-2000 (generational mortality projection using scale AA).Charles Custer: 33% blue collar (male) with no setback.Kathryn Custer: white collar (female), no set-back.






Sincerely,













June 24, 2013


Re: John Hawkins — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:

At your request, I have determined the estimated loss of PERS pension benefits retired Member JohnHawkins and his beneficiaries will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon John Hawkin’s life expectancycombined with his survivor beneficiary’s life expectancy. The sum of the expected future benefit payments under both SB 822 and prior law is determined assuming the dates of death correspond with their life expectancies, and the difference is the estimated average benefit loss for PERSMembers with similar ages and benefit levels. Actuarial present values are not used – only expected benefit payment totals are employed.



are shown below:

John Hawkins’ estimated benefit loss attributable to SB 822: $32,752

Calculation Data

John Hawkins:

Birth Date: .


Benefit Form: PERS Option 2 - 100% Joint & Survivor Annuity.

Employment Classification: General Service.

Oregon Residency: In-state.Ann Hawkins:

Birth Date: .

Survivorship Benefit: 100% of John Hawkins’ benefit.

Source of Information: Office of Greg Hartman, PERS Notice of Entitlement dated April 10, 2003,PERS retiree internet database.




Greg HartmanJune 24, 2013Page 2 of 2Re: John Hawkins — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: RP-2000 (generational mortality projection using scale AA).John Hawkins: 25% blue collar (male) with 12-month setback.Ann Hawkins: white collar (female), no set-back.






Sincerely,





Member: John Hawkins

John Hawkins's Life Expectancy: 17.88 yearsSurvivor's expected payment period: 6.48 yearsTotal expected payment period: 24.36 years

Year ending Loss

7/31/2014 $1577/31/2015 $220

7/31/2016 $2867/31/2017 $3577/31/2018 $4337/31/2019 $5137/31/2020 $5977/31/2021 $6877/31/2022 $781

7/31/2023 $8817/31/2024 $9857/31/2025 $1,0957/31/2026 $1,211

7/31/2027 $1,3327/31/2028 $1,4607/31/2029 $1,5987/31/2030 $1,7457/31/2031 $1,9027/31/2032 $2,0707/31/2033 $2,2487/31/2034 $2,438

7/31/2035 $2,6387/31/2036 $2,8507/31/2037 $3,0747/31/2038 $1,192

TOTAL $32,752



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June 24, 2013


Re: Michael Arken — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:


Michael Arken and his beneficiary will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon Michael Arken’s life expectancycombined with his survivor beneficiary’s life expectancy. The sum of the expected future benefit payments under both SB 822 and prior law is determined assuming the dates of death correspond with their life expectancies, and the difference is the estimated average benefit loss for PERSMembers with similar ages and benefit levels. Actuarial present values are not used – only expected benefit payment totals are employed.



are shown below:

Michael Arken’s estimated benefit loss attributable to SB 822: $59,767

Calculation Data

Michael Arken:

Birth Date: .



Employment Classification: General Service.

Oregon Residency: In-State.Penny Arken:

Birth Date:

Survivorship Benefit: 100% of Michael Arken's benefit.

Source of Information: Office of Greg Hartman, PERS Notice of Entitlement dated April 11, 2002.PERS retiree internet database.




Greg HartmanJune 24, 2013Page 2 of 2Re: Michael Arken — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: RP-2000 (generational mortality projection using scale AA).Michael Arken: 25% blue collar (male) with 12-month setback.Penny Arken: white collar (female), no set-back.






Sincerely,





Member: Michael Arken

Michael Arken's Life Expectancy: 18.53 yearsSurvivor's expected payment period: 10.72 yearsTotal expected payment period: 29.25 years

Year ending Loss

7/31/2014 $1677/31/2015 $239

7/31/2016 $3167/31/2017 $3987/31/2018 $4847/31/2019 $5767/31/2020 $6727/31/2021 $7737/31/2022 $880

7/31/2023 $9937/31/2024 $1,1117/31/2025 $1,2367/31/2026 $1,372

7/31/2027 $1,5167/31/2028 $1,6717/31/2029 $1,8377/31/2030 $2,0137/31/2031 $2,2007/31/2032 $2,3987/31/2033 $2,6087/31/2034 $2,829

7/31/2035 $3,0637/31/2036 $3,3087/31/2037 $3,5677/31/2038 $3,839

7/31/2039 $4,1247/31/2040 $4,4247/31/2041 $4,7377/31/2042 $5,0657/31/2043 $1,352

TOTAL $59,767



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Greg HartmanJune 27, 2013Page 2 of 2Re: Eugene Ditter — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: RP-2000 (generational mortality projection using scale AA).Eugene Ditter: 33% blue collar (male) with no setback.Carol Ditter: white collar (female), no set-back.






Sincerely,





Member: Eugene Ditter

Eugene Ditter's life expectancy: 24.31 years



COLA

Year ending Loss

7/31/2014 $456

7/31/2015 $1,336

7/31/2016 $2,250

7/31/2017 $3,200

7/31/2018 $4,186

7/31/2019 $5,209

7/31/2020 $6,270

7/31/2021 $7,369

7/31/2022 $8,508

7/31/2023 $9,6887/31/2024 $10,908

7/31/2025 $12,170

7/31/2026 $13,475

7/31/2027 $14,824

7/31/2028 $16,218

7/31/2029 $17,657

7/31/2030 $19,143

7/31/2031 $20,676

7/31/2032 $22,258

7/31/2033 $23,889

7/31/2034 $25,572

7/31/2035 $27,3057/31/2036 $29,092

7/31/2037 $30,932

7/31/2038 $21,502

7/31/2039 $17,389

7/31/2040 $18,393

7/31/2041 $19,427

7/31/2042 $20,490

7/31/2043 $21,584

7/31/2044 $13,626

TOTAL $465,003



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June 27, 2013


Re: John Okief — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:

At your request, I have determined the estimated loss of PERS pension benefits retired Member JohnOkief and his beneficiary will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon John Okief’s life expectancy combined with his survivor beneficiary’s life expectancy. The sum of the expected future benefit paymentsunder both SB 822 and prior law is determined assuming the dates of death correspond with their lifeexpectancies, and the difference is the estimated average benefit loss for PERS Members with similar ages and benefit levels. Actuarial present values are not used – only expected benefit payment totalsare employed.


John Okief is currently an out-of-state resident. His tax adjustment increase percentage under SB 656 was 3.0%. The resultant reduction in his benefit under SB 822 due to the repeal of theSB 656 tax adjustment would therefore be the inverse of one plus 3.0%, or 2.91%. It was assumed this reduction would be effective January 1, 2014 under the provisions of SB 822. The elimination of the HB 3349 tax adjustment increase was not considered in the loss calculation.

A summary of the year by year benefit loss is provided in the attached report. The results of mycalculations are shown below:

John Okief’s estimated benefit loss attributable to SB 822 (COLA): $200,560

John Okief’s estimated benefit loss attributable to SB 822 (Tax Adj.): $53,513

John Okief’s estimated benefit loss attributable to SB 822 (Total): $254,073

Calculation Data

John Okief:

Birth Date: .

Benefit Amount: $3,803.19 per month as of January 1, 2013.




Greg HartmanJune 27, 2013Page 2 of 2Re: John Okief — Estimated PERS benefit loss attributable to Senate Bill 822


Employment Classification: School employee.Oregon Residency: Out-of-state.

Mary Okief:

Birth Date: .

Survivorship Benefit: 100% of John Okief’s benefit.

Source of Information: Office of Greg Hartman, PERS Notice of Entitlement dated July 10, 2002,PERS retiree internet database.



Mortality: RP-2000 (generational mortality projection using scale AA).John Okief: white collar (male) with 18-month setback.Mary Okief: white collar (female), no set-back.



Statement of Qualifications: I am a consulting actuary who has been employed in pension-related actuarial work since 1984. I am an Associate of the Society of Actuaries, a Fellow of the Conference

of Consulting Actuaries, a Member of the ASPPA College of Pension Actuaries, and an Enrolled Actuary. I satisfy the Qualification Standards of the American Academy of Actuaries to render theactuarial opinion contained in this letter. I am not aware of any actual or potential conflict of interestthat would impair my objectivity.


Sincerely,

David MacLennan, ASA, MSPA, FCA, EA

Consulting [email protected]




Member: John Okief

J ohn Okief's Life Expectancy: 18.98 years



COLA Tax Adjustment Total

Year ending Loss Loss Loss

7/31/2014 $228 $787 $1,015

7/31/2015 $396 $1,363 $1,759

7/31/2016 $575 $1,376 $1,951

7/31/2017 $765 $1,390 $2,155

7/31/2018 $966 $1,404 $2,370

7/31/2019 $1,180 $1,418 $2,598

7/31/2020 $1,406 $1,432 $2,838

7/31/2021 $1,644 $1,447 $3,091

7/31/2022 $1,895 $1,461 $3,356

7/31/2023 $2,160 $1,476 $3,6357/31/2024 $2,438 $1,490 $3,928

7/31/2025 $2,729 $1,505 $4,235

7/31/2026 $3,035 $1,520 $4,556

7/31/2027 $3,356 $1,536 $4,892

7/31/2028 $3,692 $1,551 $5,243

7/31/2029 $4,043 $1,566 $5,610

7/31/2030 $4,410 $1,582 $5,992

7/31/2031 $4,793 $1,598 $6,391

7/31/2032 $5,196 $1,611 $6,807

7/31/2033 $5,622 $1,617 $7,240

7/31/2034 $6,073 $1,621 $7,695

7/31/2035 $6,549 $1,625 $8,1747/31/2036 $7,050 $1,630 $8,680

7/31/2037 $7,577 $1,634 $9,211

7/31/2038 $8,131 $1,638 $9,768

7/31/2039 $8,711 $1,642 $10,353

7/31/2040 $9,320 $1,646 $10,965

7/31/2041 $9,956 $1,650 $11,606

7/31/2042 $10,621 $1,654 $12,276

7/31/2043 $11,316 $1,658 $12,975

7/31/2044 $12,041 $1,662 $13,704

7/31/2045 $12,797 $1,667 $14,464

7/31/2046 $13,584 $1,671 $15,255

7/31/2047 $14,403 $1,675 $16,078

7/31/2048 $11,899 $1,310 $13,209

TOTAL $200,560 $53,513 $254,073



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June 27, 2013


Re: Michael Smith — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:


Michael Smith will experience due to the enactment of Senate Bill 822.

The method used to compute the estimated loss is based upon Michael Smith’s life expectancy. Thesum of the expected future benefit payments under both SB 822 and prior law is determined assuming the date of death corresponds with his life expectancy, and the difference is the estimated average benefit loss for PERS Members with similar ages and benefit levels. Actuarial presentvalues are not used – only expected benefit payment totals are employed.


Michael Smith is currently an out-of-state resident. His tax adjustment increase percentage under SB 656 was 4.0%. The resultant reduction in his benefit under SB 822 due to the repeal of the

SB 656 tax adjustment would therefore be the inverse of one plus 4.0%, or 3.85%. It was assumed this reduction would be effective January 1, 2014 under the provisions of SB 822. The elimination of the HB 3349 tax adjustment increase was not considered in the loss calculation.

A summary of the year by year benefit loss is provided in the attached report. The results of mycalculations are shown below:

Michael Smith’s estimated benefit loss attributable to SB 822 (COLA): $60,191

Michael Smith’s estimated benefit loss attributable to SB 822 (Tax Adj.): $10,060

Michael Smith’s estimated benefit loss attributable to SB 822 (Total): $70,251

Calculation Data

Michael Smith:

Birth Date: .

Benefit Amount: $6,049.32 per month as of January 1, 2013.

Benefit Form: PERS Option 4 – 15-year certain and life annuity(certain period expired).






Member: Michael Smith

Michael Smith's Life Expectancy: 13.47 years



COLA Tax Adjustment Total

Year ending Loss Loss Loss

7/31/2014 $363 $442 $805

7/31/2015 $910 $760 $1,670

7/31/2016 $1,484 $762 $2,246

7/31/2017 $2,085 $764 $2,850

7/31/2018 $2,716 $766 $3,482

7/31/2019 $3,375 $768 $4,143

7/31/2020 $4,064 $770 $4,834

7/31/2021 $4,784 $772 $5,555

7/31/2022 $5,534 $774 $6,308

7/31/2023 $6,316 $776 $7,0927/31/2024 $7,130 $778 $7,908

7/31/2025 $7,978 $780 $8,757

7/31/2026 $8,859 $781 $9,640

7/31/2027 $4,594 $368 $4,962

TOTAL $60,191 $10,060 $70,251



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Greg HartmanJune 27, 2013Page 2 of 2

Re: Lane Johnson — Estimated PERS benefit loss attributable to Senate Bill 822

PERS Classification: School employee.

Oregon Residency: In-state.

Source of Information: Office of Greg Hartman, PERS Online Member Services screen shots,2012 PERS Member Annual Statement.

Actuarial Assumptions and Methods


Mortality: Pre-retirement mortality: None.Post-retirement mortality:RP-2000 (generational mortality projection using scale AA).

Lane Johnson: white collar (male) with 18-month setback.Beneficiary: white collar (female), no set-back.

Interest: Not Applicable.

Salary Scale: 3.75% (2.75% inflation + 1.00% real salary growth).

Retirement Age: 58.

PERS Account BalanceProjection Rate:

8.00% on Regular Account balance.8.25% on Variable Account balance.


Retirement Payment Option: Option 2.

Beneficiary Age: Same as Member.



Sincerely,





Member: Lane Johnson

Lane J ohnson's Life Expectancy: 28.25 years



Year ending Loss

7/31/2014 $0

7/31/2015 $20

7/31/2016 $42

7/31/2017 $67

7/31/2018 $95

7/31/2019 $126

7/31/2020 $160

7/31/2021 $198

7/31/2022 $238

7/31/2023 $2827/31/2024 $329

7/31/2025 $380

7/31/2026 $434

7/31/2027 $493

7/31/2028 $555

7/31/2029 $621

7/31/2030 $692

7/31/2031 $766

7/31/2032 $846

7/31/2033 $929

7/31/2034 $1,018

7/31/2035 $1,1117/31/2036 $1,209

7/31/2037 $1,312

7/31/2038 $1,420

7/31/2039 $1,534

7/31/2040 $1,654

7/31/2041 $1,779

7/31/2042 $1,910

7/31/2043 $2,047

7/31/2044 $2,192

7/31/2045 $2,348

7/31/2046 $2,514

7/31/2047 $2,098

TOTAL $31,418



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June 27, 2013


Re: Gregory Clouser — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:

At your request, I have determined the estimated loss of PERS pension benefits Gregory Clouser

will experience due to the enactment of Senate Bill 822.

Gregory Clouser’s benefit at retirement was estimated assuming a 3.75% salary increase assumption,the same assumption used to compute PERS system costs in the December 31, 2011 actuarial report(the most recent report available). It was also assumed that he will survive to, and retire at, thenormal retirement age of 55 and elect that his benefits be paid under Option 2, a joint and 100%survivor annuity.

The method used to compute the estimated loss is based upon Gregory Clouser’s life expectancy atretirement combined with his survivor beneficiary’s life expectancy. The sum of the expected benefits under both SB 822 and prior law is determined assuming the dates of death correspond withtheir life expectancies, and the difference is the estimated average benefit loss for PERS Members

with similar ages and benefit levels. It is important to note that the computed figures are not actuarial present values – they are expected benefit payment totals.

The mortality assumptions used in computing life expectancy, and the old-law COLA assumption,are identical to those used to compute PERS system costs in the December 31, 2011 actuarial report.

The results of my calculations are shown below:

Gregory Clouser’s estimated benefit at retirement (age 55): $3,330/month

Gregory Clouser’s estimated benefit loss attributable to SB 822: $144,754

Calculation Data

Gregory Clouser:

Birth Date: .

PERS Membership Date: March 1, 2001.

Credited Service: 12 years 3 months as of May 31, 2013.

Regular Account Balance: $7,018.21 as of December 31, 2012.

Variable Account Balance: None.

2012 Salary: $68,634.22.





Re: Gregory Clouser — Estimated PERS benefit loss attributable to Senate Bill 822

PERS Classification: Police & Fire.





Mortality: Pre-retirement mortality: None.Post-retirement mortality:RP-2000 (generational mortality projection using scale AA).

Gregory Clouser: 33% blue collar (male) with no setback.Beneficiary: white collar (female), no set-back.



Retirement Age: 55.








Sincerely,





Member: Gregory Clouser

Gregory Clouser's Life Expectancy: 29.24 years



Year ending Loss

7/31/2024 $0

7/31/2025 $100

7/31/2026 $208

7/31/2027 $326

7/31/2028 $454

7/31/2029 $591

7/31/2030 $738

7/31/2031 $895

7/31/2032 $1,063

7/31/2033 $1,2427/31/2034 $1,432

7/31/2035 $1,633

7/31/2036 $1,846

7/31/2037 $2,072

7/31/2038 $2,309

7/31/2039 $2,560

7/31/2040 $2,823

7/31/2041 $3,100

7/31/2042 $3,390

7/31/2043 $3,695

7/31/2044 $4,014

7/31/2045 $4,3487/31/2046 $4,697

7/31/2047 $5,062

7/31/2048 $5,443

7/31/2049 $5,840

7/31/2050 $6,254

7/31/2051 $6,690

7/31/2052 $7,150

7/31/2053 $7,635

7/31/2054 $8,146

7/31/2055 $8,683

7/31/2056 $9,247

7/31/2057 $9,838

7/31/2058 $10,457

7/31/2059 $10,771

TOTAL $144,754



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Re: Brandon Silence — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: Pre-retirement mortality: None.Post-retirement mortality:RP-2000 (generational mortality projection using scale AA).Brandon Silence: 33% blue collar (male) with no setback.Beneficiary: white collar (female), no set-back.



Retirement Age: 53.







of Consulting Actuaries, a Member of the ASPPA College of Pension Actuaries, and an Enrolled Actuary. I satisfy the Qualification Standards of the American Academy of Actuaries to render theactuarial opinion contained in this letter. I am not aware of any actual or potential conflict of interest

that would impair my objectivity.


Sincerely,






Member: Brandon Silence

Brandon Silence's Life Expectancy: 31.27 years



Year ending Loss

7/31/2035 $0

7/31/2036 $914

7/31/2037 $1,863

7/31/2038 $2,849

7/31/2039 $3,871

7/31/2040 $4,932

7/31/2041 $6,031

7/31/2042 $7,170

7/31/2043 $8,349

7/31/2044 $9,5697/31/2045 $10,831

7/31/2046 $12,136

7/31/2047 $13,485

7/31/2048 $14,879

7/31/2049 $16,318

7/31/2050 $17,804

7/31/2051 $19,338

7/31/2052 $20,920

7/31/2053 $22,552

7/31/2054 $24,234

7/31/2055 $25,969

7/31/2056 $27,7567/31/2057 $29,597

7/31/2058 $31,493

7/31/2059 $33,445

7/31/2060 $35,455

7/31/2061 $37,523

7/31/2062 $39,651

7/31/2063 $41,839

7/31/2064 $44,091

7/31/2065 $46,405

7/31/2066 $48,785

7/31/2067 $51,231

7/31/2068 $53,744

7/31/2069 $56,326

7/31/2070 $58,979

7/31/2071 $61,704

7/31/2072 $64,502

7/31/2073 $2,021

TOTAL $1,008,558


















June 27, 2013


Re: Alison Vickery — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:

At your request, I have determined the estimated loss of PERS pension benefits Alison Vickery will

experience due to the enactment of Senate Bill 822.

Alison Vickery’s benefit at retirement was estimated assuming a 3.75% salary increase assumption,the same assumption used to compute PERS system costs in the December 31, 2011 actuarial report(the most recent report available). It was also assumed that she will survive to, and retire at, thenormal retirement age of 60 and elect that his benefits be paid under Option 2, a joint and 100%survivor annuity.

The method used to compute the estimated loss is based upon Alison Vickery’s life expectancy atretirement combined with her survivor beneficiary’s life expectancy. The sum of the expected benefits under both SB 822 and prior law is determined assuming the dates of death correspond withtheir life expectancies, and the difference is the estimated average benefit loss for PERS Members

with similar ages and benefit levels. It is important to note that the computed figures are not actuarial present values – they are expected benefit payment totals.



Alison Vickery’s estimated benefit at retirement (age 60 ): $2,167/month

Alison Vickery’s estimated benefit loss attributable to SB 822: $32,859

Calculation Data

Alison Vickery:

Birth Date: .

PERS Membership Date: March 1, 2001.

Credited Service: 12 years 3 months as of May 31, 2013.

Regular Account Balance: $12,245.89 as of December 31, 2012.

Variable Account Balance: None.

2012 Salary: $63,167.





Re: Alison Vickery — Estimated PERS benefit loss attributable to Senate Bill 822

PERS Classification: School employee.


Source of Information: Office of Greg Hartman, 2012 PERS Member Annual Statement.



Mortality: Pre-retirement mortality: None.Post-retirement mortality:RP-2000 (generational mortality projection using scale AA).Alison Vickery: white collar (female) with 24-month setback.

Beneficiary: 25% blue collar (male), with 12-month setback.Interest: Not Applicable.


Retirement Age: 60.








Sincerely,





Member: Al ison Vickery

Alison Vickery's Life Expectancy: 28.31 years



Year ending Loss

7/31/2022 $0

7/31/2023 $0

7/31/2024 $30

7/31/2025 $63

7/31/2026 $99

7/31/2027 $139

7/31/2028 $182

7/31/2029 $228

7/31/2030 $278

7/31/2031 $3317/31/2032 $389

7/31/2033 $450

7/31/2034 $515

7/31/2035 $584

7/31/2036 $658

7/31/2037 $736

7/31/2038 $819

7/31/2039 $906

7/31/2040 $998

7/31/2041 $1,095

7/31/2042 $1,197

7/31/2043 $1,3057/31/2044 $1,417

7/31/2045 $1,536

7/31/2046 $1,660

7/31/2047 $1,790

7/31/2048 $1,926

7/31/2049 $2,072

7/31/2050 $2,228

7/31/2051 $2,394

7/31/2052 $2,570

7/31/2053 $2,758

7/31/2054 $1,508

TOTAL $32,859



http://slidepdf.com/reader/full/pers-lawsuit 109/120EXHIBIT M












http://slidepdf.com/reader/full/pers-lawsuit 115/120Exhibit 1, Page 5 of 5



June 27, 2013


Re: Jin Voeks — Estimated PERS benefit loss attributable to Senate Bill 822

Dear Greg:

At your request, I have determined the estimated loss of OPSRP pension benefits Jin Voeks willexperience due to the enactment of Senate Bill 822.

Jin Voeks’s benefit at retirement was estimated assuming a 3.75% salary increase assumption, thesame assumption used to compute PERS system costs in the December 31, 2011 actuarial report (themost recent report available). It was also assumed that he will survive to, and retire at, the normalretirement age of 53 and elect that his benefits be paid under Option 2, a joint and 100% survivor annuity.

The method used to compute the estimated loss is based upon Jin Voeks’s life expectancy atretirement combined with his survivor beneficiary’s life expectancy. The sum of the expected benefits under both SB 822 and prior law is determined assuming the dates of death correspond withtheir life expectancies, and the difference is the estimated average benefit loss for PERS Memberswith similar ages and benefit levels. It is important to note that the computed figures are not actuarial present values – they are expected benefit payment totals.



Jin Voeks’s estimated benefit at retirement (age 53): $4,334/month

Jin Voeks’s estimated benefit loss attributable to SB 822: $316,436

Calculation Data

Jin Voeks:

Birth Date: .

PERS Membership Date: January 1, 2011.Credited Service: 2 years as of December 31, 2012.

2012 Salary: $51,568.40.

PERS Classification: Police and Fire.







Re: Jin Voeks — Estimated PERS benefit loss attributable to Senate Bill 822



Mortality: Pre-retirement mortality: None.Post-retirement mortality:RP-2000 (generational mortality projection using scale AA).Jin Voeks: 33% blue collar (male) with no setback.Beneficiary: white collar (female), no set-back.



Retirement Age: 53.







of Consulting Actuaries, a Member of the ASPPA College of Pension Actuaries, and an Enrolled Actuary. I satisfy the Qualification Standards of the American Academy of Actuaries to render theactuarial opinion contained in this letter. I am not aware of any actual or potential conflict of interest

that would impair my objectivity.


Sincerely,






Member: Jin Voeks

J in Voeks's Life Expectancy: 31.27 years



Year ending Loss

7/31/2037 $0

7/31/2038 $220

7/31/2039 $453

7/31/2040 $698

7/31/2041 $957

7/31/2042 $1,230

7/31/2043 $1,516

7/31/2044 $1,817

7/31/2045 $2,133

7/31/2046 $2,4637/31/2047 $2,810

7/31/2048 $3,176

7/31/2049 $3,566

7/31/2050 $3,979

7/31/2051 $4,416

7/31/2052 $4,878

7/31/2053 $5,365

7/31/2054 $5,878

7/31/2055 $6,417

7/31/2056 $6,983

7/31/2057 $7,577

7/31/2058 $8,1987/31/2059 $8,848

7/31/2060 $9,527

7/31/2061 $10,236

7/31/2062 $10,976

7/31/2063 $11,746

7/31/2064 $12,549

7/31/2065 $13,383

7/31/2066 $14,251

7/31/2067 $15,153

7/31/2068 $16,090

7/31/2069 $17,062

7/31/2070 $18,069

7/31/2071 $19,114

7/31/2072 $20,196

7/31/2073 $21,317

7/31/2074 $22,477

7/31/2075 $710

TOTAL $316,436




Page 1 - CERTIFICATE OF FILING AND SERVICE

CERTIFICATE OF FILING

I hereby certify that on July 1, 2013 I served a true copy of this PETITION FOR DIRECT

REVIEW – LEGISLATION (AMENDED), by United States Postal Service, certified mail, returnreceipt requested, on:

Governor John Kitzhaber 160 State Capitol

900 Court Street

Salem, Oregon 97301-4047

Attorney General Ellen RosenblumOregon Department of Justice

1162 Court Street NE

Salem, OR 97301-4096

Office of the County Attorney

Linn County Courthouse

104 SW Fourth Avenue, Room 123Albany, OR 97321

Office of the City Attorney

City of Portland

1221 SW 4th

Avenue, Ste 430Portland, OR 97204

Office of City AttorneyCity of Salem Legal Dept., Room 205

555 Liberty Street SE

Salem, OR 97301

Board Chair Mark GreeneEstacada School District

255 NE 6th Ave

Estacada, OR 97023

Superintendent Larry Didway

Oregon City School District

1417 12th St, PO Box 2110Oregon City, OR 75

Superintendent Nicole Albisu

Ontario School District

195 SW Third AvenueOntario, Oregon 97914

Superintendent Jeff Rose

Beaverton School District16550 SW Merlo Road

Beaverton, Oregon 97006

Superintendent Bill Rhoades

West Linn School District22210 SW Stafford Rd

Tualatin, OR 72

Superintendent Ron Wilkinson

Bend School District

520 NW Wall StreetBend, OR 97701

Chair John Thomas

Public Employees Retirement Board

11410 SW 68th ParkwayPO Box 2127

Portland, OR 97208-2127

Fire Chief Mike Duyck

Tualatin Valley Fire & RescueCommand & Business Operations Center

11945 SW 70th Avenue

Tigard Oregon 97223-9196



CERTIFICATE OF FILING

I certify that on July 1, 2013, I filed the original of this PETITION FOR DIRECT

REVIEW – LEGISLATION (AMENDED) with the State Court Administrator at this address:

State Court Administrator Supreme Court Building1163 State StreetSalem, OR 97301-2563

by electronic filing with the Appellate Court Administrator, Appellate Court Records Section, by

using the court’s electronic filing system pursuant to ORAP 16.

DATED this 1

st

day of July, 2013.

s/Gregory A. HartmanGregory A. Hartman, OSB 74128Aruna A. Masih, OSB 97324Of Attorneys for Petitioners

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PERS Lawsuit

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