Carpenters Pension Trust for Southern California v. Brenda Ann Kronschnabel

Good Law
632 F.2d 745
United States Court of Appeals for the Ninth CircuitNovember 24, 198079-3032California1,994 words

Opinion

Opinion

Wallace, J.

Carpenters Pension Trust for Southern California (the Trust) brought an action for declaratory relief against Brenda Ann Kronschnabel (Brenda), contending that the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., prevented the state court from requiring direct payment to a non-participant of a pension plan. The Trust appeals from the district court’s order dismissing its action. We affirm.

I

The Trust is an employee pension benefit plan governed by the provisions of ERISA. In 1964, Brenda married Daniel Kronschnabel (Daniel), who, during a portion of their marriage, participated in and earned the right to future retirement benefits from the Trust.

On March 9,1977, the California Superior Court for Kern County entered a final judgment dissolving the Kronschnabels’ marriage. Approving the terms of its interlocutory judgment issued on July 29, 1976, the superior court found that Daniel’s pension rights were community property. Accordingly, it awarded Brenda a one-half interest, representing her community property share, in Daniel’s pension rights in the Trust. The court further stated that it “reserve[d] and retain[ed] jurisdiction over the issue…

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