Robertson

Plaintiffs-Appellants (“the Employees”), current and retired employees of the State of Oregon, challenge legislation passed by the Oregon legislature in 2003 that amended the Oregon Public Employees Retirement System (“PERS”). The Employees bring their claims under the Contract Clause of the United States Constitution. The Employees appeal the district court’s denial of their motion for summary judgment and grant of summary judgment in favor of defendants-appellees (collectively “the State”). Only the Employees’ First and Sixth Claims remain at issue.

I. The Oregon Public Employees Retirement System

“Oregon has provided its public employees with a retirement plan, as a contractual benefit of public employment, since 1945.” Strunk v. Public Employees Retirement Board, 338 Or. 145 , 108 P.3d 1058, 1068 (2005). Prior to the 2003 legislation, PERS members contributed six percent of their salaries to the PERS fund, see O.R.S. 238.200(l)(a) (2001), and the contributions to the fund were then directed to either a “regular” account or a “variable” account. See O.R.S. 238.200(2) (2001); O.R.S. 238.260(3) (2001); Strunk, 108 P.3d at 1079-80, 1095-96 . Earnings on contributions to the…