Retired Public Employees' Ass'n v. Board of Administration of Public Employees' Retirement System

Retired Public Employees’ Association of California and N. Deane Moore, plaintiffs below, appeal from a judgment granting defendant Board of Administration, Public Employees’ Retirement System’s (Board) motion for judgment on the pleadings. In the published portion of this opinion we consider the plaintiffs’ claim that the Board’s use of sex-based actuarial tables to compute optional retirement benefits violates title VII of the Civil Rights Act of 1964, 42 United States Code section 2000e et seq. The trial court concluded that relief is precluded by the United States Supreme Court’s decision in Arizona Governing Committee v. Norris (1983) 463 U.S. 1073 [ 77 L.Ed.2d 1236 , 103 S.Ct. 3492 ], We agree with that conclusion on the separate ground that the state courts lack jurisdiction to entertain a claim predicated upon title 42 United States Code section 2000e-2. In the unpublished portion of the opinion we reject the plaintiffs’ equal protection claims. Accordingly, we will affirm the judgment.

Facts

Government Code sections 20000 et seq. comprise the Public Employees’ Retirement Law. Section 20600.1 prohibits the use of sex-based tables for the determination of…