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IN RE MARRIAGE OF LEVINGSTON

Docket No. A057164.

12 Cal.App.4th 1303 (1993)

16 Cal. Rptr.2d 100

In re the Marriage of CLEVON and LEOLA LEVINGSTON. CLEVON LEVINGSTON, Respondent, v. LEOLA LEVINGSTON, Respondent; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Appellant.

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

January 28, 1993.

Attorney(s) appearing for the Case

COUNSEL

Stanton, Kay & Watson, Thomas E. Stanton, Bruce K. Leigh, Van Bourg, Weinberg, Roger & Rosenfeld and Victor J. Van Bourg for Appellant.

Thomas W. Wolfrum for Respondent Leola Levingston.

No appearance for Respondent Clevon Levingston.

OPINION

KING, J.

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

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