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IN RE MARRIAGE OF RICH

No. B127215.

86 Cal.Rptr.2d 452 (1999)

73 Cal.App.4th 419

In re the Marriage of Patricia Esther and Walter Raymond RICH. Walter Rich, Appellant, v. Southern California IBEW-NECA Pension Plan, Respondent.

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

July 8, 1999.

Attorney(s) appearing for the Case

Lascher & Lascher and Gabriele Mezger-Lashly, Ventura, for Appellant.

Kissane & Cook, Melissa W. Cook, Del Mar, and Tiffany D. Lena, for Respondent.

GILBERT, Acting P.J.

Husband has a pension plan governed by the Employee Retirement Income Security Act (ERISA). The plan entitles him to a monthly sum for the rest of his life. Pursuant to a qualified domestic relations order (QDRO), wife receives her community portion of the monthly payment for her life. Here we hold that upon wife's death, husband receives the full amount of the pension payments.

The trial court erred when it denied husband's motion to...

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