Metje/Parks v. PERS

“ORS 238.715(2) provides that recovery could be made by civil action or ‘other proceeding.’ The statute does not define ‘other proceeding,’ but an administrative proceeding plainly qualifies as an ‘other proceeding.’” Metje/Parks v. PERS, 291 Or. App. 338, 346 (2018).

Plaintiffs sought judicial review of an order that the Public Employees Retirement System Board (the Board) upheld an order of the Public Employees Retirement System (PERS) determining that Petitioners were overpaid benefits. Petitioners argued that, to initiate collection efforts against petitioners as lump-sum payees, PERS was required to commence a civil action. In response, PERS asserts that it was permitted to recover overpayments to petitioners through the administrative proceedings and that it did not need to commence a civil action to recover the overpayments. “ORS 238.715(2) provides that recovery could be made by civil action or ‘other proceeding.’ The statute does not define ‘other proceeding,’ but an administrative proceeding plainly qualifies as an ‘other proceeding.’” Metje/Parks v. PERS, 291 Or. App. 338, 346 (2018). The Court of Appeals found the board did not err and held that under ORS 238.715, PERS was permitted to initiate recovery of lump-sum overpayments by civil action or “other proceedings” and the contested case begun by PERS was an “other proceeding” within the meaning of the statute. Affirmed.