Benson v. City of Los Angeles

In Benson v. City of Los Angeles (1963) 60 Cal.2d 355 the Supreme Court held that in providing for payment of pension benefits to a deceased public employee's "surviving spouse" the Legislature intended that the deceased's divorced first wife take nothing even though most of the pension was earned during the first marriage. In sum the terminable interest rule asserts that the nonemployee spouse's pension interest terminates at the death of either spouse.