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Public Records Request
PERS is asking the Circuit Court in Marion County to review a public records request by the Oregonian newspaper regarding retirees whose annual PERS benefit exceeds $100,000. A copy of the Complaint, filed Friday, October 15, 2010, is available here. 
 
PERS believes that the request does not meet the public records law requirements to disclose the information.
 
The Oregonian’s request includes, but is not limited to, PERS records regarding:
  • Retiree’s name
  • Retirement date
  • Employer
  • Years of service
  • Job classification or job
  • Final average salary
  • Regular monthly payment
  • Any other monthly benefit
  • Any other benefit from PERS, monthly or annually.
 
Oregon Revised Statute 192.502 states:
The following public records are exempt from disclosure under ORS 192.410 to 192.505:
 
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 (2) Information of a personal nature such as but not limited to that kept in a personal, medical or similar file, if public disclosure would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.
 
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(12) Employee and retiree address, telephone number and other nonfinancial membership records and employee financial records maintained by the Public Employees Retirement System pursuant to ORS chapters 238 and 238A.
 
Oregon Administrative Rule 459-060-0020 states:
(1) ORS 192.502(12) unconditionally exempts from public disclosure a member’s nonfinancial membership records and an active or inactive member’s financial records maintained by PERS. PERS shall not release such records to anyone other than the affected member or an authorized representative of the member or the member’s estate …  
 
(2) ORS 192.502(2) conditionally exempts from public disclosure a retired member’s financial information maintained by PERS. PERS shall not release such records to anyone other than the retired member or the retired member’s estate unless:
(a) To do so would not constitute an unreasonable invasion of privacy and if there is clear and convincing evidence that disclosure is in the public’s interest …