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Attorney Hank Kaplan, representing several hundred retirees covered by the Fire Police Disability and Retirement Fund, sued the City of Portland for miscalculation of pension benefits based upon a misapplication of the City Charter. The City denied that a form of pay known as Apparatus Operator Premium should be included in the Charter definition of First Class Fire Fighter pay, and challenged the City’s failure to include longevity pay in the pension calculations for certain fire fighters. Following the initial lawsuit, an administrative law judge examined the bargaining history and City Charter language, and ruled in the retirees favor on both issues, restoring approximately $2 million in lost pension benefits. The City appealed the ruling, and a Multnomah County circuit court judge affirmed the decision.