EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. COUNTY OF ORANGE; Orange County Retirement Board, Defendants-Appellees

The Equal Employment Opportunity Commission (EEOC) appeals from the district court’s grant of summary judgment in favor of the County of Orange (County) and its Retirement Board (Board) in an action brought under the Age Discrimination in Employment Act (ADEA or Act). 29 U.S.C. §§ 621-634 . We affirm.

FACTS

The Orange County Retirement System is organized under the County Employees Retirement Law of 1937. See Cal.Gov’t Code §§ 31450-31898 (West 1968 and Supp. 1987). Pursuant to this statute, Orange County maintains two separate pension plans: a “Safety Member Plan” for public safety employees, and a less lucrative “General Member Plan” for all other County employees. The County, following a provision enacted in 1951, limits participation in the Safety Member Plan to persons who are under age 36 when hired as safety employees:

Cal.Gov’t Code § 31558 (West 1968).

EEOC filed suit against the County and the Board (as administrator of the Retirement System) alleging that the age-35 restriction on membership in the Safety Member Plan violated sections 4(a)(1) and (2), 4(e), and 4(f)(2) of the ADEA. See 29 U.S. C. §§ 623(a)(1) & (2), 623(e), 623(f)(2). The County and Board filed a…