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IN RE MARRIAGE OF ODDINO

Docket No. S055819.

16 Cal.4th 67 (1997)

In re the Marriage of MARY K. and JAMES M. ODDINO. MARY K. ODDINO, Appellant, v. JAMES M. ODDINO, Respondent. HUGHES AIRCRAFT COMPANY NON-BARGAINING RETIREMENT PLAN, Respondent.

Supreme Court of California.

July 28, 1997.

Attorney(s) appearing for the Case

COUNSEL

Glasser and Smith and Robert Glasser for Appellant.

No appearance for Respondent Husband.

O'Melveny & Myers, Stephen J. Pepe, Wayne S. Jacobsen, Todd R. Wulffson and Larry A. Walraven for Respondent Hughes Non-Bargaining Retirement Plan.

Thomas S. Williamson, Jr., J. Davitt McAteer, Marc I. Machiz, Daniel W. Teehan, Paula J. Page, Theresa Gee, Karen L. Handorf, Barbara A. Matthews, Bettina Redway, Paul, Hastings, Janofsky & Walker, Ethan Lipsig, Proskauer, Rose, Goetz & Mendelsohn and Jeffrey A. Berman as Amici Curiae on behalf of Respondent Hughes Non-Bargaining Retirement Plan.

OPINION

WERDEGAR, J.

Under provisions of the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.; hereafter ERISA), private retirement plans may, pursuant to a state court's domestic relations order, pay a portion of an employee participant's retirement benefits directly to the employee's former spouse or dependents, if and only if the state court order meets certain specifications. Such an order...

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