IN RE THE MARRIAGE OF BAKER

Docket No. A038122.

204 Cal.App.3d 206 (1988)

251 Cal. Rptr. 126

In re the Marriage of DORITA and WILLIAM BAKER. WILLIAM BAKER, Respondent, v. DORITA BAKER, Respondent; MARINE ENGINEERS BENEFICIAL ASSOCIATION PENSION TRUST, Appellant.

Court of Appeals of California, First District, Division Five.

August 30, 1988.


Attorney(s) appearing for the Case

COUNSEL

Dennis Daniels for Appellant.

Carol Samuelian Gonella for Respondent Wife.

No appearance for Respondent Husband.


OPINION

KING, J.

In this case we hold that when a pension plan has been joined as a party in a marital dissolution action and thereafter, despite receipt of a court order awarding the employee's spouse her community property interest in the plan, pays the entire benefit due under the plan to the employee in a lump sum, the plan must pay the employee's spouse her community interest. In reaching this determination we also hold that...

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