ORS 238.710¹
Mandamus against defaulting employer
  • appeal

In addition to the remedies otherwise provided by ORS 238.705 (State departments to remit contributions and furnish reports), the board may, by petition in usual form, apply to the circuit court for the county in which is located the public employer concerned, or the principal office or place of business of the public employer, for, and if warranted, to have issued, writs of mandamus to compel the public employer to supply to the board a true and complete list and employment records of the employer’s employees and all information concerning the employees that reasonably may be required and sought by the board in the petition. The writs, among other things, shall direct the defendant to make contributions to the retirement fund on account of the defendant’s employees as may appear, from records and information concerning the defendant’s employees, to be required by law. Either or both parties thereby aggrieved may appeal to the Court of Appeals from, or from any part of, the judgment of the circuit court in the proceeding, as in ordinary mandamus proceedings. [Formerly 237.311; 2005 c.22 §181]

Notes of Decisions

This sec­tion entitles Public Employes' Retire­ment Board to mandamus against city to compel pay­ment of unremitted employee contribu­tions and equivalent of accrued earnings or delinquent employee contribu­tions but not equivalent of earnings on arrearages in employer contribu­tions. PERB v. City of Portland, 96 Or App 393, 773 P2d 7 (1989)

1 Legislative Counsel Committee, CHAPTER 238—Public Employees Retirement System, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors238.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 238, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­238ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information