Crumpton v. Kulongoski

896 P.2d 577, 321 Or. 269, 1995 Ore. LEXIS 48

• Court: Oregon Supreme Court
• Decided: June 22, 1995
• Docket: SC S42252
• Status: Published

Opinions

PER CURIAM

This is an original proceeding in which petitioner challenges the ballot title for a proposed initiative measure. Petitioner is an elector who, in a timely manner, submitted written comments about the Attorney General’s draft ballot title, pursuant to ORS 250.067(1). Accordingly, petitioner is entitled to seek a different title in this court. ORS 250.085(2). Petitioner’s arguments here are consistent with those that he made during the administrative process. We have considered each of petitioner’s arguments concerning the Attorney General’s ballot title. We conclude that none demonstrates a failure on the part of the Attorney General to comply substantially with the requirements of ORS 250.035 and 250.039. See ORS 250.085(5) (establishing that formula as this court’s standard of review). We therefore certify the following ballot title:

AMENDS CONSTITUTION: RAISES PUBLIC EMPLOYEES’ NORMAL RETIREMENT AGE; REDUCES BENEFITS

QUESTION: Shall Constitution raise public employees’ normal retirement age (except police, firefighters), bar medical benefits for non-disability retirees, limit guaranteed benefits?

SUMMARY: Amends state constitution. Law now sets normal retirement age, except for pobce, firefighters, at 58. Measure would raise that to Social Security retirement age (now 65 to 67). Public employers could allow earlier retirement, with benefits reduced to actuarial equivalent of benefits payable at normal retirement age. Governments could not guarantee benefits over 75 percent of final salary. Law now provides medical benefits for PERS retirees. Measure bars medical benefits for non-disability retirees. Measure does not apply to benefits vested or accrued before effective date.

Ballot title certified. This decision shall become effective in accordance with ORAP 11.30(9).