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SB 861 Pet Rev, Riemer

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    Verified Correct Copy of the Original 12/3/2013

    IN THE SUPREME COURT OF THE STATE OF O~E~ G C~~~~6GEORGE A. RIEMER T ~~ ~ ~ ~ p rEPetitioner,

    V

    C ? 19~ SU~ DFp~OFC O U S~ F/ ~

    Pe tition forJudicial Review

    S TATE OF OREGON, OREGON GOVERNORJOHN KITZHABER, OREGON ATTORNEYGENERAL ELLEN ROS ENBLUM, andOREGON PUBLIC EMPLOYEESRETIREMENT BOARD and S YS TEM,

    Respondents.

    Petition for Judicial Review pursuan t S ection 11 ofEnrolled and Enacted S enate Bil l 861, 77 t h Oregon Legislative

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    S tatemen t of the Basis of the Challenge1. Sections 1, 2, 5, 6, and 13 of SB 861 violate Article I, Section 21 of

    the Oregon Constitution and Article 1, section 10, clause 1 of theUnited States Constitution in that they impair the obligation of thecontract between the State of Oregon through the Oregon PublicEmployees Retirement System and Petitioner as a member of andretiree under that system.

    2. Sections 1, 2, 5, 6, and 13 of SB 861 violate Article I, Section 18 ofthe Oregon Constitution and the 5th Amendment to the United StatesConstitution, as incorporated and applied to the States by the 14thAmendment to the United States Constitution, in that they take (his)private prop erty for public use w ithout just com pensation.

    3. Petitioner has a pending Petition for Review (S061475) concerning

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    Petitioner requests the Supreme Court waive it on the grounds itunreasonably penalizes Petitioner by making him pay twice tochallenge differing levels of the sam e il legal governm ent action.This petition is supported by Petitioner s affidavit that is submitted

    and in conjunction with it.Resp ectfully submitted this 27th day of Novem ber, 2013.

    George A. RiemerPet it ioner Pro S e (OS B Mem ber No. 804712(Inactive))23206 N . Pedregosa DriveS un City West, AZ [email protected]

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    IN THE SUPREME COURT OF THE STATE OF OR~~~~e/~~Da ~ n ~ ~ ~ v i ~ r ~ p t o ~GEORG E A. RIEMERPetitioner,

    E u3 2 13~ suPq M E~ p~ F~~~V ffidavit inS upport ofPetition for

    Judicial Re view

    S TATE OF OREGON, OREGON GOVERNORJOHN KITZHABER, OREGO N ATTORNEYGENERAL ELLEN ROS ENBLUM, andOREGON PUBLIC EMPLOYEESRETIREMENT BOARD and S YS TEM,

    Respondents.

    AfFdavit in S upport of P etition for Judicial Review

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    effective April 1, 2006, and have since that time received andpresently receive a retirement benefit from the Oregon PublicEmployees Retirement S ystem (PERS ).

    3. 1 am and will continue to be adversely affected by Sections 1, 2, 5, 6,and 13 of Enrolled and Enacted Senate Bill 861, 77 t h OregonLegislative Assembly 2013 Special Session (hereafter SB 861) bythe reduction of the cost of living increase and the retirement benefitprovided me under prior Oregon laws. Chapter 53, Oregon Laws2013 Enrolled Senate Bill 822) has already illegally reduced the costof living increase and retirement benefit provided me under priorOregon laws and SB 861 will illegally reduce the cost of livingincrease and retirement benefit provided me under prior Oregon lawson July 1, 2014, and every year thereafter until both my beneficiary

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    S u n C ity West, AZ [email protected]

    State of Arizona) s.

    County of MaricopaSubscribed and sworn to before me this 27th day of November, 2013.My commission expires:

    Notary Public

    Tricfa K. 3hipleYOTARY PUBLIC ARIZONAM ARICOPA COUNTYyOcrober27 ~ 6~

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    PROOF OF FILING ND SERVICE

    State of rizonaCoun ty of Maricopa ss.

    I, George A . Rieme r, hereby certify that ,(1) I am the Pe titioner herein,(2) 1 filed Petitioner s Petition for Judicial Review and Supporting AfFidavitconcerning Enrolled and Enacted Senate Bill 861, 77 t h Oregon LegislativeAssembly 2013 Special Session with the Oregon Supreme Court byplacing the originals in a sealed envelope plainly addressed to thefollowing:Appe llate Co urt Adm inistratorAppel late Court Records S ection1163 S tate S treetS alem, OR 97301-2563

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    S alem, Oregon 97301Ellen Rosenblum, Attorney GeneralS tate of Oregon1162 Court S t., N.E.S alem, Oregon 97301-4096Oregon Pub lic Em ployees Retirement Bo ard11410 S .W. 68 t h ParkwayTigard, Oregon 9722 3The original petition and afFidavit were fi led with the Oregon S uprem e Cou rtvia the U.S. Post Office by first class mail, certified, return receiptrequested, on November 27, 2013. The duplicate original petitions andafFidavits were mailed to the Governor, Attorney General, and PublicEmployees Retirement Board via the U.S. Post Ofi:tce by first class mail,certif ied, return receipt requested , on Nove m ber 27, 2013 .

    Dated: Novemb er 27, 2013.

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