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Marriage of Lehman

Supreme Court of California

955 P.2d 451 (1998)

Relevant factsFree

Mrs. and Mr. Lehman married in 1960 and divorced in 1978, with the trial court retaining jurisdiction over Mr. Lehman's retirement benefits from his employment at Pacific Gas and Electric Company (PG&E) during and after the marriage. In 1993, to avoid layoffs, PG&E created a voluntary incentive program letting qualifying employees take early retirement calculated by adding three and a half years to their actual service years and eliminating the usual 18 percent actuarial reduction for early retirement; Mr. Lehman elected this enhanced early retirement, receiving $3,059.30 monthly, which was $708.91 more than the $2,350.39 he would have received under ordinary early retirement without the enhancement.

IssueFree

Whether there is a community-property interest in an enhancement of an employee-spouse's retirement benefits received after the dissolution of the marriage.

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