United States Ninth Circuit

In a dispute over the terms of a 1978 consent decree entered regarding Oregon's Public Employee Retirement System (PERS), summary judgment for the state is affirmed where the consent decree's requirement that refund annuity allowances to women after July 1, 1978 be paid on the same scale as used for men prior to that date did not create a perpetual floor for refund annuity allowance rates based on the rates received in 1978 by men.

Appellate Information

• Argued 07/07/2008
• Decided 09/17/2008
• Published 09/17/2008

Judges

• PREGERSON, Circuit Judge:, Before: HARRY PREGERSON and STEPHEN REINHARDT, Circuit Judges, and CONSUELO B. MARSHALL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Henry J. Kaplan and Gregory A. Hartman, Bennett, Hartman, Morris, & Kaplan, LLP, Portland, OR, for the petitioners-appellants.


• For Appellees:
  
• Jeremy D. Sacks and Amy Edwards, Stoel Rives LLP, Portland, OR, for defendant-appellee State of Oregon., Joseph M. Malkin and Sarah C. Marriott, Orrick, Herrington, & Sutcliffe LLP, San Francisco, CA, for defendants-appellees Members of the Public Employees Retirement Board., William F. Gary and Sharon A. Rudnick, Harrang Long Gary Rudnick P.C., Eugene, OR, for intervenor-appellee Salem-Keizer School District.