BHMK Files Motion Requesting Vacature of Lipscomb Decision

In follow-up to the Oregon Supreme Court's dismissal of their appeal of the Lipscomb decision, intervenors represented by BHMK have requested that the court clarify the effect of its ruling. Specifically, under long standing Oregon and Federal precedent, where a circuit court judgment is declared moot, it is then vacated to prevent it from having any precedential effect. If the court were to order vacature, the Lipscomb decision could no longer be relied upon by the PERS Board as a basis for its adjustments to 1999 earnings distributions.