Bailey v. Public Employees Retirement Board

# Bailey v. Public Employees Retirement Board ## What Happened Bailey, an employee at Oregon Health and Science University, participated in a strike in January 2002. After the strike ended, the employer paid Bailey "remedy pay" (compensation for lost wages during the strike). Bailey wanted this remedy pay counted toward his retirement benefits and service credit, arguing it should be treated like regular salary. ## What the Court Decided The court ruled against Bailey. The court confirmed that remedy pay from a strike does not count as "salary" under Oregon's retirement law. Therefore, Bailey could not gain additional service credit for the time he was on strike, even though he received compensation. ## Why This Matters for Workers This ruling clarifies that strikers who receive compensation during labor disputes may not automatically gain retirement credit for that period. Workers should understand that remedy pay, while compensating lost wages, doesn't necessarily provide the same retirement benefits as regular salary. If you're involved in a strike or labor action, you may want to ask your employer or union representative how compensation will affect your retirement benefits and service credit.