Marriage Of Poppe

158 Cal. Rptr. 500 (1979)

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Nature of the Case

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Facts

H entered the Navy on July 1, 1937. He served on active duty from that date until July 13, 1946, at which time he became a member of the Naval Reserve. On February 23, 1946, H and W were married. The parties separated on June 16, 1973, and their marriage was subsequently dissolved on January 30, 1974. H entered the Navy on July 1, 1937. He served on active duty from that date until July 13, 1946, at which time he became a member of the Naval Reserve. On February 23, 1946, H and W were married. The parties separated on June 16, 1973, and their marriage was subsequently dissolved on January 30, 1974. After the separation, H continued serving in the Naval Reserve until he retired on October 31, 1977. He commenced receiving pension payments on November 30, 1977. To be eligible for retirement a Naval reservist must have been credited with a minimum number of 'qualifying' years of service, that is, years in which 50 or more points were earned. However, if the minimum 'qualifying' years requirement is met, all points earned are counted in the calculation of the pension notwithstanding that in some years less than 50 points were earned. H retired with a total of 5,002 points of which more than 3,000 were earned during the period he was on active duty prior to the marriage. The number of points accumulated during the marriage was 1,632. The trial court held under the time rule that W was entitled to 1/2 of 27.5/31.5 of H's retirement benefit; $253.60 of the total of $592 per month presently being received. H appealed. H contends that W's interest in the pension should be computed by multiplying one-half times the fraction 1632/5002 times the amount of the pension, $592 per month; $95.50. The trial court determined that H's 'qualifying' years totaled 31.50 and apportioned the pension on the basis of the 'time rule' by dividing the 27.25 years between marriage and separation by the 31.5 'qualifying' years so that former wife's share amounts to $ 253.60 per month.