Phillipson v. Board of Administration, Public Employees' Retirement System

Opinion

TOBRINER, J.

In 1966 plaintiff Rose Phillipson obtained an interlocutory decree of divorce from her husband, Nicholas Phillipson, which decree awarded her, among other property, the funds accrued to Nicholas’s retirement account during his employment by the state. Defendant Board of Administration of the Public Employees’ Retirement System refused to pay over the sum credited to Nicholas’s account, and plaintiff brought this present action for declaratory relief. The superior court entered judgment for defendant, and plaintiff appeals.

*38We hold that both accumulated contributions of…