Spirt v. Teachers Insurance & Annuity Ass'n

JON O. NEWMAN, Circuit Judge:

This appeal, involving the validity of gender-based mortality tables in calculating teachers’ pension benefits, is before the Court upon remand from the Supreme Court “for further consideration in light of Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans v. Norris, 463 U.S. -, 103 S.Ct. 3492, 77 L.Ed.2d 1236 (1983).” Long Island University v. Spirt, — U.S. -, 103 S.Ct. 3566, 77 L.Ed.2d 1406 (1983). Our prior decision, 691 F.2d 1054 (2d Cir.1982), determined issues concerning both liability and relief. With respect to liability,…