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IN RE THE MARRIAGE OF NICE

Docket No. B052240.

230 Cal.App.3d 444 (1991)

281 Cal. Rptr. 415

In re the Marriage of GERALDINE A. and PERRY A. NICE. GERALDINE A. NICE, Respondent, v. PERRY A. NICE, Respondent; BOARD OF PENSION COMMISSIONERS OF THE CITY OF LOS ANGELES, Appellant.

Court of Appeals of California, Second District, Division Three.

May 23, 1991.

Attorney(s) appearing for the Case

COUNSEL

James K. Hahn, City Attorney, Siegfried O. Hillmer, Assistant City Attorney, and Eudon Ferrell, Deputy City Attorney, for Appellant.

John Wendell Hall for Respondent Wife.

Richard T. Smith for Respondent Husband.

OPINION

HINZ, J. —

INTRODUCTION

In this case, a pension plan challenges a judgment of dissolution on two grounds. Reversing the trial court's order that the pension plan make payments to the nonemployee former spouse, we hold that the husband, the pension plan member who wishes to continue working even though he is eligible to retire, must himself compensate his former wife for her portion of community contributions...

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