Legal Opinion
In Re Marriage of Campa
California Court of Appeal
Decided February 2, 1979No. Docket Nos. 42946, 42506, 43538PublishedCited by 41 opinions
1Opinion of the Court
Opinion
BRUNN, J.*
These three cases present the question whether the Employee Retirement Income Security Act of 1974, 29 United States Code section 1001 et seq. (hereafter ERISA) precludes California courts from joining pension funds in marriage dissolution proceedings and from ordering such funds to divide pension payments between the employee and his or her former spouse. We conclude that ERISA has no such effect for the reasons we discuss below.
As a preliminaiy question we also decide that a spouse may join the pension plan here involved without first submitting a claim to the plan.
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2Cases cited25 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- United States v. BassSupreme Court of the United States · 1971
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Amalgamated Ass'n of Street, Electric Railway & Motor Coach Employees of America v. LockridgeSupreme Court of the United States · 1971
20 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Boggs v. BoggsSupreme Court of the United States · 1997
- Stone v. StoneCourt of Appeals for the Ninth Circuit · 1980
- Ablamis v. RoperCourt of Appeals for the Ninth Circuit · 1991
- Savings and Profit Sharing Fund of Sears Employees v. Rudolph G. Gago, and Elizabeth J. KassaCourt of Appeals for the Seventh Circuit · 1983
- Carpenters Pension Trust for Southern California v. Brenda Ann KronschnabelCourt of Appeals for the Ninth Circuit · 1980
36 more not listed; retrieve them via the Exa API.