Marriage Of Lehman

955 P.2d 451 (1998)

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Nature of the Case

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Facts

On June 15, 1959, H was hired by the Pacific Gas and Electric Company (PG&E). On June 11, 1960, H and W married. On May 1, 1962, H began to participate in PG&E's defined benefit retirement plan and thereby began to accrue a right to retirement benefits thereunder. On October 29, 1977, H and W separated, and on December 19, 1978, a judgment of dissolution was entered. In March 1993, PG&E offered an enhanced retirement program in order to cut its headcount. PG&E offered a credit of three putative years of service and the waiving of the normal actuarial reduction of 18 percent for early retirement. H elected to retire early at about 54 1/3 years of age. H got enhanced retirement benefits in the amount of $3,059.30 per month--based on final compensation of $5,360.43 per month, length of service of 35.67 years, including 3 putative years, and a per-service-year multiplier of 1.6 percent. By electing to retire early at about 54 1/3 years of age instead of waiting to retire early at 55 years of age, he received enhanced retirement benefits in an amount of $708.91 per month. W claimed this extra amount as community property subject to timing division. The court and the court of appeals agreed with W. H appealed.