Wicker v. Oregon Ex Rel. Bureau of Labor

PREGERSON, Circuit Judge:

Petitioners are Oregon public employees who are members of the state’s Public Employee Retirement System (“PERS”). They appeal the district court’s summary judgment order that held that the 1978 Title YII consent decree entered was not intended to permanently lock in the 1978 refund annuity rates for all PERS members. After reviewing the language of the consent decree and the evidence of the parties’ intent in the context of the litigation as a whole, we conclude that the consent decree was not meant to create a perpetual floor on refund annuity benefits. Accordingly,…