Mantor

Petitioner (Husband) and respondent (Wife) were married on September 6, 1939. On April 28, 1977, Husband filed a petition for dissolution of marriage. Thereafter, at the request of Wife, the court joined as a party the Operating Engineers Trust (Trust).

The Trust is an express joint labor management trust established pursuant to collective bargaining agreements between various employees and employers groups. The Trust is governed by and complies with the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).

*984 Under the rules of the Trust, payment of benefits may be made only to a participant in the pension plan or, upon the participant’s death, to his surviving spouse or his designated beneficiary, heirs or estate.

After trial, but before a decision was rendered by the court, Husband and Wife entered into a written stipulation as follows: “Respondent shall receive for and on account of her community interest in the Petitioner’s pension plan with The Operating Engineers Trust Fund, a monthly sum of $65.76 to be paid to Respondent directly from said trust fund. During his life, Petitioner shall receive the balance of such monthly payments as his…