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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.
))
)))))))))))
))))))))))))))
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
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Page 3 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
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 E and
incorporated herein by this reference.
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
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Page 4 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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 G and
incorporated herein by this reference.
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
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 Hand
incorporated herein by this reference.
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
incorporated herein by this reference.
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
incorporated herein by this reference.
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Page 5 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
incorporated herein by this reference.
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
incorporated herein by this reference.
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
incorporated herein by this reference.
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.
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Page 6 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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.
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Page 7 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
1.0% of the allowance amount exceeding $40,000;
c. for yearly allowance greater than $60,000, $900 plus 0.25% of the allowance
amount exceeding $60,000.
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Page 8 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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.
27. 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 10, clause 1, of the United
States Constitution. Petitioners are entitled to a declaration that Sections 1 and 3 of SB 822 are
unconstitutional, null and void.
THIRD CLAIM FOR RELIEF
(SB 822, Sections 1 and 3; PERS -Cost of Living Adjustments)
(Unconstitutional Taking Without Compensation)
28. Petitioners Moro, Domenigoni, Custer, Hawkins, Arken, Ditter, O’Kief, Smith, Johnson,
Clouser, and Vickery reallege paragraphs 1-21 and 23-24.
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Page 9 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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)
32. Petitioners Moro, Domenigoni, Custer, Hawkins, Arken, Ditter, O’Kief, Smith, Johnson,
Clouser, and Vickery reallege paragraphs 1-21 and 23-24.
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.
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Page 10 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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)
(Unconstitutional Impairment of Contract-State Constitution)
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.
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Page 11 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
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
1.0% of the allowance amount exceeding $40,000;
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
unconstitutional, null and void.
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.
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Page 12 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
40. Sections 5 and 7 of SB 822 unconstitutionally impair the contracts between petitioners, the
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 5 and 7 of SB 822 are
unconstitutional, null and void.
SEVENTH CLAIM FOR RELIEF
(SB 822, Sections 5 and 7; OPSRP-Cost of Living Adjustments)
(Unconstitutional Taking Without Compensation)
41.
Petitioners Silence and Voek reallege paragraphs 1-21 and 36-37.
42. Petitioners have protected private property rights in receiving promised retirement
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.
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Page 13 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
EIGHTH CLAIM FOR RELIEF
(SB822, Sections 5 and 7; OPSRP-Cost of Living Adjustments)
(Breach of Contract)
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)
(Unconstitutional Impairment of Contract-State Constitution)
48. Petitioner s O’Kief and Smith reallege paragraphs 1-21.
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Page 14 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
unconstitutional, null and void.
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Page 15 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
TENTH CLAIM FOR RELIEF
(SB 822, Sections 11-17-SB 656 Benefits for Out of State Retirees)
(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
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 11-17 of SB 822 are
unconstitutional, null and void.
ELEVENTH CLAIM FOR RELIEF
(SB 822, Sections 11-17-SB 656 Benefits for Out of State Retirees)
(Unconstitutional Taking Without Compensation)
55. Petitioner s O’Kief and Smith reallege paragraphs 1-21 and 49-51.
56. Petitioners have protected private property rights in receiving promised retirement
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.
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Page 16 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
(SB 822, Sections 11-17-SB 656 Benefits for Out of State Retirees)
(Breach of Contract)
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
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Page 18 - PETITION FOR DIRECT REVIEW – LEGISLATION (AMENDED)
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
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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
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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]
Exhibit 2, Page 2 of
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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
Exhibit 2, Page 3 of
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June 27, 2013
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
Re: Terri Domenigoni — 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
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.
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:
Terri Domenigoni’s estimated benefit loss attributable to SB 822: $28,797
Calculation Data
Terri Domenigoni:
Birth Date: .
Benefit Amount: $2,174.45 per month as of August 1, 2012.
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.
Exhibit 2, Page 1 of
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Greg HartmanJune 27, 2013Page 2 of 2Re: Terri Domenigoni — 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).Terri Domenigoni: white collar (female) with 24-month setback.Daniel Domenigoni: 25% blue collar (male), with 12-monthsetback.
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]
Exhibit 2, Page 2 of
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Member: Terri Domenigoni
Terri Domenigoni's Life Expectancy: 24.50 years
Survivor's expected payment period: 3.14 years
Total expected payment period: 27.64 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
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
Re: Charles Custer — 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
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.
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:
Charles Custer’s estimated benefit loss attributable to SB 822: $47,996
Calculation Data
Charles Custer:
Birth Date:
Benefit Amount: $4,192.45 per month as of August 1, 2012.
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.
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Greg HartmanJune 27, 2013Page 2 of 2Re: Charles Custer — 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).Charles Custer: 33% blue collar (male) with no setback.Kathryn Custer: white collar (female), no set-back.
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]
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June 24, 2013
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
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.
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:
John Hawkins’ estimated benefit loss attributable to SB 822: $32,752
Calculation Data
John Hawkins:
Birth Date: .
Benefit Amount: $2,618.11 per month as of August 1, 2012.
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.
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Greg HartmanJune 24, 2013Page 2 of 2Re: John Hawkins — 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).John Hawkins: 25% blue collar (male) with 12-month setback.Ann Hawkins: white collar (female), no set-back.
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]
Exhibit 2, Page 2 of
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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
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
Re: Michael Arken — 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
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.
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:
Michael Arken’s estimated benefit loss attributable to SB 822: $59,767
Calculation Data
Michael Arken:
Birth Date: .
Benefit Amount: $2,778.01 per month as of August 1, 2012.
Benefit Form: PERS Option 2 - 100% Joint & Survivor Annuity.
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.
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Greg HartmanJune 24, 2013Page 2 of 2Re: Michael Arken — 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).Michael Arken: 25% blue collar (male) with 12-month setback.Penny Arken: white collar (female), no set-back.
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]
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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
Actuarial Assumptions
Valuation Date: August 1, 2013.
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.
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]
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Member: Eugene Ditter
Eugene Ditter's life expectancy: 24.31 years
Survivor's expected payment period: 6.29 years
Total expected payment period: 30.60 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
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
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.
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).
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.
Exhibit 2, Page 1 of
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Greg HartmanJune 27, 2013Page 2 of 2Re: John Okief — Estimated PERS benefit loss attributable to Senate Bill 822
Benefit Form: PERS Option 2 - 100% Joint & Survivor Annuity.
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.
Actuarial Assumptions
Valuation Date: August 1, 2013.
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.
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 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.
Please contact me if you have any questions.
Sincerely,
David MacLennan, ASA, MSPA, FCA, EA
Consulting [email protected]
Exhibit 2, Page 2 of
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Member: John Okief
J ohn Okief's Life Expectancy: 18.98 years
Survivor's expected payment period: 15.80 years
Total expected payment period: 34.78 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
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
Re: Michael Smith — 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
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.
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).
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).
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Member: Michael Smith
Michael Smith's Life Expectancy: 13.47 years
Survivor's expected payment period: 0.00 years
Total expected payment period: 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
Valuation Date: August 1, 2013.
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.
Old-law COLA:(Cost-of-Living Adjustment) 2% per year.
Retirement Payment Option: Option 2.
Beneficiary Age: Same as Member.
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]
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Member: Lane Johnson
Lane J ohnson's Life Expectancy: 28.25 years
Survivor's expected payment period: 5.53 years
Total expected payment period: 33.78 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
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
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.
Exhibit 2, Page 1 of
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Greg HartmanJune 27, 2013Page 2 of 2
Re: Gregory Clouser — Estimated PERS benefit loss attributable to Senate Bill 822
PERS Classification: Police & Fire.
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
Valuation Date: August 1, 2013.
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.
Interest: Not Applicable.
Salary Scale: 3.75% (2.75% inflation + 1.00% real salary growth).
Retirement Age: 55.
PERS Account BalanceProjection Rate:
8.00% on Regular Account balance.8.25% on Variable Account balance.
Old-law COLA:(Cost-of-Living Adjustment) 2% per year.
Retirement Payment Option: Option 2.
Beneficiary Age: Same as Member.
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]
Exhibit 2, Page 2 of
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Member: Gregory Clouser
Gregory Clouser's Life Expectancy: 29.24 years
Survivor's expected payment period: 6.73 years
Total expected payment period: 35.97 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
Exhibit 2, Page 3 of
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Greg HartmanJune 27, 2013Page 2 of 2
Re: Brandon Silence — Estimated PERS benefit loss attributable to Senate Bill 822
Actuarial Assumptions and Methods
Valuation Date: August 1, 2013.
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.
Interest: Not Applicable.
Salary Scale: 3.75% (2.75% inflation + 1.00% real salary growth).
Retirement Age: 53.
PERS Account BalanceProjection Rate:
8.00% on Regular Account balance.8.25% on Variable Account balance.
Old-law COLA:(Cost-of-Living Adjustment) 2% per year.
Retirement Payment Option: Option 2.
Beneficiary Age: Same as Member.
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 interest
that would impair my objectivity.
Please contact me if you have any questions.
Sincerely,
David MacLennan, ASA, MSPA, FCA, EA
Consulting [email protected]
Exhibit 2, Page 2 of
7/28/2019 PERS Lawsuit
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Member: Brandon Silence
Brandon Silence's Life Expectancy: 31.27 years
Survivor's expected payment period: 6.76 years
Total expected payment period: 38.03 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
Exhibit 2, Page 3 of
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June 27, 2013
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
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.
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:
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.
Exhibit 2, Page 1 of
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Greg HartmanJune 27, 2013Page 2 of 2
Re: Alison Vickery — Estimated PERS benefit loss attributable to Senate Bill 822
PERS Classification: School employee.
Oregon Residency: In-state.
Source of Information: Office of Greg Hartman, 2012 PERS Member Annual Statement.
Actuarial Assumptions and Methods
Valuation Date: August 1, 2013.
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.
Salary Scale: 3.75% (2.75% inflation + 1.00% real salary growth).
Retirement Age: 60.
PERS Account BalanceProjection Rate:
8.00% on Regular Account balance.8.25% on Variable Account balance.
Old-law COLA:(Cost-of-Living Adjustment) 2% per year.
Retirement Payment Option: Option 2.
Beneficiary Age: Same as Member.
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]
Exhibit 2, Page 2 of
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Member: Al ison Vickery
Alison Vickery's Life Expectancy: 28.31 years
Survivor's expected payment period: 4.20 years
Total expected payment period: 32.51 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
Exhibit 2, Page 3 of
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June 27, 2013
Greg HartmanBennett, Hartman, Morris & Kaplan LLP210 SW Morrison St Ste 500Portland OR 97204
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.
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:
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.
Oregon Residency: In-state.
Source of Information: Office of Greg Hartman, PERS Online Member Services screen shots,2011 PERS Member Annual Statement.
Exhibit 2, Page 1 of
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Greg HartmanJune 27, 2013Page 2 of 2
Re: Jin Voeks — Estimated PERS benefit loss attributable to Senate Bill 822
Actuarial Assumptions and Methods
Valuation Date: August 1, 2013.
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.
Interest: Not Applicable.
Salary Scale: 3.75% (2.75% inflation + 1.00% real salary growth).
Retirement Age: 53.
PERS Account BalanceProjection Rate:
8.00% on Regular Account balance.8.25% on Variable Account balance.
Old-law COLA:(Cost-of-Living Adjustment) 2% per year.
Retirement Payment Option: Option 2.
Beneficiary Age: Same as Member.
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 interest
that would impair my objectivity.
Please contact me if you have any questions.
Sincerely,
David MacLennan, ASA, MSPA, FCA, EA
Consulting [email protected]
Exhibit 2, Page 2 of
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Member: Jin Voeks
J in Voeks's Life Expectancy: 31.27 years
Survivor's expected payment period: 6.76 years
Total expected payment period: 38.03 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
Exhibit 2, Page 3 of
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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
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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