Black v. Payne

591 F.2d 83 Fed. Sec. L. Rep. P 97,219, 1 Employee Benefits Ca 2140 Hollis O. BLACK, for himself and on behalf of a class of persons similarly situated, Plaintiffs-Appellants, v. William E. PAYNE, Executive Officer, Public Employees' Retirement System, et al., Defendants-Appellees. No. 76-2906. United States Court of Appeals, Ninth Circuit. Feb. 15, 1979. Rehearing Denied April 16, 1979. Jeffrey L. Gunther, Deputy Atty. Gen., Sacramento, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before CHOY and SNEED, Circuit Judges, and KERR, * District Judge. CHOY, Circuit Judge: 1 Hollis O. Black appeals from the district court's dismissal of his suit challenging the change in mandatory retirement age for certain California state employees. We affirm. I. Statement of the Case 2 Appellant Black began working for the state of California on December 2, 1970. At that time, the mandatory retirement age applicable to Black was age 70. As a state worker, Black was enrolled in the state's pension program, the Public Employees Retirement System (PERS), Cal.Gov't Code § 20000. 3 In 1971, the California legislature enacted…