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Phillipson v. Board of Administration

473 P.2d 765 (1970)

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Phillipson v. Board of Administration

California Supreme Court
473 P.2d 765 (1970)

  • Written by Tammy Boggs, JD

Facts

Nicholas Phillipson and Rose Phillipson (plaintiff) were married, and during the marriage, Nicholas worked for the government and earned pension benefits. The pension was community property shared equally by the Phillipsons. In 1966, the Phillipsons divorced, and a divorce decree awarded Rose the entirety of the pension benefits. The pension-plan operator (defendant) refused to pay benefits to Rose based on a provision of the government code that protected retirement-plan participants like Nicholas from levy by creditors on unpaid benefits. Rose sued the pension-plan operator for declaratory relief. The trial and intermediate appellate courts ruled in favor of the pension-plan operator. The California Supreme Court reviewed the matter.

Rule of Law

Issue

Holding and Reasoning (Tobriner, J.)

Dissent (Burke, J.)

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