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RETIRED PUB. EMP. ASS'N v. STATE OF CAL.

Nos. C-77-2008 WHO, C-78-2070 WHO.

614 F.Supp. 571 (1984)

RETIRED PUBLIC EMPLOYEES' ASSOCIATION OF CALIFORNIA, CHAPTER 22; Oakland Retired Employees' Association; and Mrs. Winofred White, Plaintiffs, v. STATE OF CALIFORNIA; State Personnel Board of the State of California; Board of Administration of the Public Employees Retirement System; Retirement Board of the Oakland Municipal Employees' Retirement System; City of Oakland, Defendants. Jacob B. GUNN, on behalf of himself and all other persons similarly situated, Plaintiff, v. STATE OF CALIFORNIA; Board of Administration of the Public Employees' Retirement System; Carl J. Blechinger, Executive Officer of the Public Employees' Retirement System; Kenneth C. Cory, Controller of the State of California, Defendants.

United States District Court, N.D. California.

November 13, 1984.

Attorney(s) appearing for the Case

Philip Paul Bowe, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiffs.

Bernard L. Allamano, Philip E. Callis, California State Employees' Ass'n, Oakland, Cal., for plaintiff Gunn.

Jeffrey N. Haney, Oakland, Cal., Richard L. Mayers, Deputy Atty. Gen., San Francisco, Cal., for defendants.

OPINION

ORRICK, District Judge.

In Los Angeles Department of Water & Power v. Manhart, 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978), the Supreme Court held that payment of benefits to retired public employees in amounts that vary according to the sex of the retiree constitutes impermissible sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et...

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