Alderson v. Oregon

[105 OrApp Page 576] Plaintiffs are state district court judges. They brought this action for declaratory relief and damages, contending that defendants, the State Court Administrator, the Public Employees Retirement System and administrative officers of those agencies, withheld retirement contributions from plaintiffs' salaries rather than paying the contributions through an employer ""pickup,"" as required by ORS 237.075 and OAR 459-10-208. The conduct allegedly occurred over the period ""August 1983 until 1987."" Plaintiffs brought the action in October, 1989. Defendants moved to dismiss on the ground that the action is time-barred. The trial court granted the motion. The precise basis for the ruling was not stated, but it appears that the court considered the limitation period to be two years, under either ORS 12.110 or ORS 30.275(8). Plaintiffs appeal from the resulting judgment. We reverse and remand.