Legal Opinion

In Re Marriage of Alarcon

California Court of Appeal

Decided December 6, 1983No. Civ. 24854PublishedCited by 12 opinions

1Opinion of the Court

Opinion

BUTLER, J.

The Judges’ Retirement System appeals a judgment declaring provisions of Government Code sections 75033 and 75033.5 1 of the Judges’ Retirement Law (§§ 75000-75109) inapplicable to the interests of Arthur and Lynn Alarcon in retirement allowances. Those provisions bar or reduce pension benefits to a California sitting judge like Alarcon who accepts appointment to the federal bench. We conclude Alarcon’s right to a pension benefit is not barred. The amount, however, is reducible, and we remand to the trial court for further proceedings consistent with this opinion.

The Judges’…

2Cases cited43 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Shapiro v. ThompsonSupreme Court of the United States · 1969
  3. Loving v. VirginiaSupreme Court of the United States · 1967
  4. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
  5. Harper v. Virginia Board of ElectionsSupreme Court of the United States · 1966

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3Cited by12 opinions

  1. Legislature v. EuCalifornia Supreme Court · 1991
  2. Hargrove v. Board of TrusteesCourt of Appeals of Maryland · 1987
  3. Caverly v. GrayCalifornia Court of Appeal · 2007
  4. White v. State of CaliforniaCalifornia Court of Appeal · 2001
  5. Cloutier v. StateSupreme Court of New Hampshire · 2012

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