In Re Marriage of Levingston

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 in the marital dissolution proceeding between Clevon and Leola Levingston. (Civ. Code, § 4363.1.) In 1989, the Fund began paying pension benefits to Clevon. On March 7, 1991, Leola obtained a domestic relations order specifying the amount of her community property interest in Clevon’s pension benefits and ordering the Fund to pay her in the form of a life annuity. In a letter dated June 4, 1991, the Fund notified Leola that the March 7 order was not a QDRO within the meaning of the Employee Retirement Income Security Act (ERISA, 29 U.S.C. § 1001 et seq.) and advised her how to perfect it. On August 9, 1991, Leola filed an order to show cause asking the trial court to enforce its March 7 order. On January 22,1992, after a hearing, the trial court found the March 7 order was a…