Marriage of Bergman

Elmer Bergman (defendant), permanently disabled in 1976 after federal civil service since 1961, began receiving a disability pension and would become eligible for longevity retirement in 1997 at age 62; Joan Bergman (plaintiff) had contributed to the California State Teachers' Retirement system for eight years during the marriage, though no evidence was presented regarding her specific contributions or her plan's present value. In the dissolution proceeding, the trial court used the cash-out method to allocate Elmer's pension — determining its present community-property value and awarding him the pension while giving Joan additional community property to offset her share — while allocating Joan's retirement using the in-kind method and stating it would retain jurisdiction over dividing Joan's benefits until they vested. Elmer appealed, challenging the method used for his own pension.