Howard Shaw v. State of Oregon Public Employees' Retirement Board

Howard Shaw appeals from the district court’s order dismissing his action for declaratory and injunctive relief. Shaw, a retired Oregon state employee, challenged the constitutionality of an Oregon statute which creates a differential in the amount of retirement benefits provided by the state to general service public employees like Shaw, on the one hand, and police and firefighters, on the other. The statute provides public retirement pension benefits for police and firefighters at a rate which is approximately 20% higher than those accorded to general service public employee retirees who have the same duration of creditable employment and the same final average salaries. Shaw alleged that this differential violates his right to equal protection under the Fourteenth Amendment of the United States Constitution.

Shaw and appellee State of Oregon Public Employes’ Retirement Board (PERB) filed cross-motions for summary judgment. The district court denied Shaw’s motion and granted PERB’s. Shaw then brought this timely appeal. For the reasons discussed below, we affirm.

STANDARD OF REVIEW

We review the district court’s grant of summary judgment de novo. Jackson Water Works, Inc. v.…