A139725 Smith v. PERB

Case Date: 04/28/2010
Docket No: none

Download A143586 State v. Dalby.pdf

FILED: April 28, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

DERRICK E. SMITH,

Petitioner,

v.

PUBLIC EMPLOYEES RETIREMENT BOARD,

Respondent.

Public Employees Retirement Board
071057
A139725

Submitted on September 04, 2009.

Derrick E. Smith filed the briefs pro se.

John R. Kroger, Attorney General, Erika L. Hadlock, Acting Solicitor General, and Jamie K. Contreras, Assistant Attorney General, filed the brief for respondent.

Before Wollheim, Presiding Judge, and Brewer, Chief Judge, and Sercombe, Judge.*

SERCOMBE, J.

Affirmed.

*Brewer, C. J., vice Edmonds, P. J.

SERCOMBE, J.

Petitioner seeks review of a final order by the Public Employees Retirement Board (board) that granted summary determination in favor of the Public Employees Retirement System (PERS) and denied petitioner's request that PERS redeposit into his Tier Two variable account funds he had previously withdrawn from that account and was seeking to repay.