Gunn v. United Air Lines, Inc.

Opinion

RACANELLI, P. J.

In this appeal we must decide whether decedent’s surviving spouse is entitled to share in the proceeds of decedent’s retirement fund with the designated beneficiaries, decedent’s children of a former marriage.

The facts are undisputed. In June 1971, decedent, Norman Gunn, a commercial pilot for United Airlines, was divorced from his former wife, Margaret. Under the terms of their property settlement agreement, Norman was awarded his vested interest in the United Airlines retirement fund subject to a proviso that he designate their four sons as beneficiaries of the fund…