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BERRINGTON v. BERRINGTON

534 Pa. 393 (1993)

633 A.2d 589

Charles L. BERRINGTON, Appellee, v. Claire L. BERRINGTON, Appellant.

Supreme Court of Pennsylvania.

Decided November 12, 1993.

Attorney(s) appearing for the Case

Patricia G. Miller, Amy Acheson, Reed, Smith, Shaw & McClay, for appellee.

Richard R. Isaacson, Berlin, Boas & Isaacson, Pittsburgh, for appellant.

Stewart B. Barmen, Buchanan Ingersoll, P.C., Philadelphia, for Pennsylvania Chapter of American Academy of Matrimonial Lawyers.

Vicki L. Beatty, Women's Bar Ass'n of Western Pennsylvania, Frederick N. Frank, Pittsburgh, for Allegheny County Bar Ass'n, Family Law Section.

Sharon J. Phillips, Pepper, Hamilton & Scheetz, Linda Wharton, Women's Law Project, Philadelphia, for Women's Law Project, Now Legal Defense and Educ. Fund, Pennsylvania Nat. Organization for Women, Senior Citizen Judicare Project, Community Women's Educ. Project, Supportive Older Women's Network, Nat. Center on Women and Family Law, Inc., Nat. Women's Law Center, Northwest Women's Law Center, Women's Law Center, Connecticut Women's Educ. and Legal Fund, and Older Women's League.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is a divorce case involving equitable distribution of a defined benefit pension fund. The issue presented is whether the non-employee spouse's share in a deferred distribution of a pension should be based upon the salary which the employee-spouse earned at the date of separation or upon the amount earned at some post-separation retirement date. The trial court determined that the marital share should be...

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