Graham v. New York

907 F.2d 324, 12 Employee Benefits Cas. (BNA) 1801, 1990 U.S. App. LEXIS 11034, 54 Empl. Prac. Dec. (CCH) 40,060
CourtCourt of Appeals for the Second Circuit
DecidedJune 28, 1990
DocketNo. 956, Docket 89-9119
StatusPublished
Cited by1 cases

This text of 907 F.2d 324 (Graham v. New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. New York, 907 F.2d 324, 12 Employee Benefits Cas. (BNA) 1801, 1990 U.S. App. LEXIS 11034, 54 Empl. Prac. Dec. (CCH) 40,060 (2d Cir. 1990).

Opinions

WALKER, Circuit Judge:

Plaintiff Adele Graham on behalf of herself and a proposed class of female employees of the State of New York who retired prior to August 1, 1983, appeal from a judgment entered in the United States District Court for the Southern District of New York (Conner, J.) dismissing their claim for retroactive relief in their suit challenging the State’s use of sex-based actuarial tables to determine monthly credits toward the cost of retirees’ health insurance. Because we agree with the district court that such relief is inappropriate in light of the Supreme Court's decision in [325]*325Florida v. Long, 487 U.S. 223, 108 S.Ct. 2354, 101 L.Ed.2d 206 (1988), we affirm.

BACKGROUND

New York Civil Service Law provides that retired state employees may participate in the health insurance plan established for state employees. N.Y.Civ. Serv.Law § 163(2) (McKinney 1983). The State of New York (“the State”) pays part of the cost of this insurance and the balance is paid by the retired employee in the form of deductions from his or her monthly pension. A retiree’s monthly contribution toward the cost of health insurance may be reduced through the application of a monthly credit based on the amount of the employee’s accumulated but unused sick leave at the time of retirement. Sick leave credits are converted to a dollar amount which is used to reduce that portion of the retiree’s health insurance premium paid by the retiree and to increase pro tanto that portion paid by the State.

As Judge Conner cogently explained, the amount of this monthly credit is determined at the time of the employee’s retirement, and is paid by the State on her behalf for the remainder of her lifetime. N.Y.Civ. Serv.Law § 167(4) (McKinney 1983). In calculating the amount of the credit, the State assigns a dollar value to the employee’s unused sick days by multiplying the number of unused sick days by the employee’s daily rate of pay at the time of retirement. Id. If this dollar amount is greater than $100, the State, using actuarial tables, computes its monthly payment for unused sick leave by dividing this total dollar value by the number of months in the employee’s remaining life expectancy. Id. The State then adds the sick leave increments to the State’s base contribution to the retiree’s insurance premiums. The employee pays the portion of the monthly premium beyond the State’s base contribution plus sick leave increment.

Pertinent to this appeal, prior to August 1, 1983, the State used gender-based actuarial tables to calculate its monthly sick leave payments under section 167(4). Because these actuarial tables indicate that women live longer than men, the statutory formula produced lower monthly State unused sick leave payments for female than for male retirees possessing the same amount of unused sick leave and earning the same salary upon retirement. However, on August 1, 1983, in accordance with the Supreme Court’s decision in Arizona Governing Committee for Tax Deferred Annuity and Deferred Compensation Plans et al. v. Norris, 463 U.S. 1073, 103 S.Ct. 3492, 77 L.Ed.2d 1236 (1983),1 the State abandoned its practice of using sex-differentiated actuarial tables in favor of unisex tables, which had the effect of equalizing the monthly payments in respect of unused sick leave for similarly situated men and women who retired after that date. See Graham v. State of N.Y., Dept. of Civil Service, 716 F.Supp. 802, 803 (S.D.N.Y.1989). Women who retired between April 25, 1978 and July 31, 1983, however, remain subject to the disparity that resulted from the State’s initial use of gender-based actuarial tables.

Plaintiff Adele Graham (“Graham”)2 served as a staff attorney in the State’s Division of Human Rights until her retirement in 1981, two years prior to Norris. At that time, the State calculated her monthly health insurance credit using sex-differentiated actuarial tables. She brought this action against the State, proposing to represent a class of female employees who retired prior to August 1, 1983, seeking a retroactive award of the difference between the payments made on their behalf and on behalf of male retirees. The complaint alleged that the use of gender-based actuarial tables prior to August 1, 1983 violated Title VII of the Civil [326]*326Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17 (1982), the Civil Rights Act of 1871, 42 U.S.C. § 1983 (1982), the fourteenth amendment to the United States Constitution and article I, § 11 of the New York Constitution.

The parties cross-moved for summary judgment on the issue of whether the proposed class was entitled to the retroactive relief demanded. In February 1987, Judge Conner granted the plaintiffs’ motion concluding that the proposed class was indeed entitled to such relief. See Graham v. State of N.Y., Dept. of Civil Service, 653 F.Supp. 1363 (S.D.N.Y.1987). He reasoned that the Supreme Court’s decision in City of Los Angeles Department of Water & Power v. Manhart, 435 U.S. 702, 98 S.Ct. 1370, 55 L.Ed.2d 657 (1978), which held that unequal pension plan contributions for male and female employees based on sex-differentiated actuarial tables violates Title VII, made clear that the State’s use of such tables to calculate health insurance credits was illegal. The State appealed the district court’s decision.

While the appeal was pending before this court, the Supreme Court announced its decision in Florida v. Long, in which it held that Norris, rather than Manhart, establishes the appropriate date for commencing liability for employer-operated pension plans that offered discriminatory benefits. Manhart, the Court reasoned, did not place employers on notice that optional pension plans offering sex-based benefits violated Title VII because its holding was carefully limited to unequal contributions, as distinct from benefits. Accordingly, pension fund administrators could have reasonably concluded that the decision was confined to sex-based contributions and did not prohibit plans from offering sex-differentiated benefits. Long, 487 U.S. at 233, 108 S.Ct. at 2361. We remanded the case to the district court for reconsideration in light of Long.

On remand, the district court vacated its earlier opinion and dismissed the plaintiffs’ claim for retroactive relief.3 The court reasoned that in its initial decision it had not decided whether New York’s health insurance credit scheme involved sex-differentiated contributions or benefits, a critical distinction under Long. Upon reconsideration, the court concluded that the practice at issue involves benefits rather than contributions, and applying the three factors set forth in Long, the court concluded that retroactive relief would be impermissible under the circumstances of this case. This appeal followed.

DISCUSSION

In Florida v. Long,

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907 F.2d 324, 12 Employee Benefits Cas. (BNA) 1801, 1990 U.S. App. LEXIS 11034, 54 Empl. Prac. Dec. (CCH) 40,060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-new-york-ca2-1990.