In Re Marriage of Levingston

Opinion

KING, J.

In this case we hold that when a retirement plan administrator determines that a marital judgment dividing community interests in the plan is not a qualified domestic relations order (QDRO) as defined by federal law, state and federal courts have concurrent jurisdiction to review that determination.

In 1988, the Laborers Pension Trust Fund for Northern California (Fund) was joined as a party claimant 1 in the marital dissolution proceeding between Clevon and Leola Levingston. 2 (Civ. Code, § 4363.1.) In 1989, the Fund began paying pension benefits to Clevon. On March 7, 1991,…