In Re Marriage of Lehman

955 P.2d 451, 74 Cal. Rptr. 2d 825, 18 Cal. 4th 169, 98 Daily Journal DAR 5539, 98 Cal. Daily Op. Serv. 4021, 1998 Cal. LEXIS 3189
CourtCalifornia Supreme Court
DecidedMay 28, 1998
DocketS062850
StatusPublished
Cited by67 cases

This text of 955 P.2d 451 (In Re Marriage of Lehman) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Lehman, 955 P.2d 451, 74 Cal. Rptr. 2d 825, 18 Cal. 4th 169, 98 Daily Journal DAR 5539, 98 Cal. Daily Op. Serv. 4021, 1998 Cal. LEXIS 3189 (Cal. 1998).

Opinions

Opinion

MOSK, J.

We granted review in this cause in order to address an important question relating to the characterization of retirement benefits as community or separate property under a so-called “defined benefit retirement plan,” which specifies payments in advance in accordance with a formula that comprises factors such as final compensation, age, length of service, and a per-service-year multiplier: Does a nonemployee spouse who owns a community property interest in an employee spouse’s retirement benefits under such a plan own a community property interest in the retirement benefits as enhanced? As we shall explain, we conclude that the answer is: Yes.

I

Jack R. Lehman (Husband) was bom on September 3, 1940, and Marietta Lehman (Wife) was bom on November 13, 1941. On June 15, 1959, he was hired by the Pacific Gas and Electric Company (PG&E). On June 11, 1960, the couple married. On May 1, 1962, he began to participate in PG&E’s defined benefit retirement plan, and thereby began to accrue a right to [175]*175retirement benefits thereunder. On October 29, 1977, the couple separated. On December 19, 1978, they obtained an interlocutory judgment of dissolution of marriage from the superior court, which retained jurisdiction for purposes including the division of the community property interest in his retirement benefits at the time of retirement. On February 23, 1979, they obtained a final judgment of dissolution.

In March 1993, in order to avoid discharging certain employees, PG&E offered an enhanced retirement program, called the “Voluntary Retirement Incentive” (VRI). It described the VRI program as a “management tool” to “reduc[e] costs” by “bring[ing] our workforce in line with the needs of our changing business” through enhancement of retirement benefits by means of “two special improvements to the retirement benefit formula,” namely, the crediting of three putative years of service and the waiving of the normal actuarial reduction of 18 percent for early retirement, which is designed to account for more projected payments. It stated that the “decision to participate ... is completely voluntary.” For eligibility, it required, among other things, that the employee in question had attained the age of 50, and had accumulated 15 years of service, as of December 31, 1992. Husband met the conditions. He elected to retire early at about 54V3 years of age under the VRI program effective January 1, 1995, with 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. (Without the three-year putative service credit, he would have received enhanced retirement benefits in the amount of $2,802 per month; without the waiver of the normal 18 percent early retirement actuarial reduction, he would have received enhanced retirement benefits in the amount of $2,508.63 per month.) Had he waited to retire early at 55 years of age, without the 3-year putative service credit and without the waiver of the normal 18 percent early retirement actuarial reduction, he would have received retirement benefits in the amount of $2,350.39 per month—based on (presumed) final compensation of $5,360.43 per month, length of service, of 33.42 years, and a per-service-year multiplier of 1.6 percent. Had he waited to retire at 65 years of age, without the 3-year putative service credit and also without any early retirement actuarial reduction (inasmuch as retirement at that age is not early), he would have received retirement benefits in the amount of $3,724.00 per month—based on (presumed) final compensation of $5,360.43 per month, length of service of 43.42 years, and a per-service-year multiplier of 1.6 percent. By electing to retire early at about 54V3 years of age under the VRI program instead of waiting to retire early at 55 years of age, he received enhanced retirement benefits in an amount of $708.91 per month.

After Husband retired, Wife made various motions in the superior court, seeking various orders together with a determination as to characterization [176]*176that she owned a community property interest in his retirement benefits as enhanced. In response, Husband admitted that she owned such an interest in his retirement benefits, but denied that she owned one in them as enhanced. What was in contest was solely characterization, i.e., whether the enhancement was a community asset in any part, and not apportionment, i.e., to what extent the enhancement, if a community asset at least in some part, belonged to the community and separate estates. Generally following In re Marriage of Gram (1994) 25 Cal.App.4th 859 [30 Cal.Rptr.2d 792] (hereafter sometimes Gram), which had recently been decided, the superior court issued orders favorable to Wife, including the determination that, by owning a community property interest in Husband’s retirement benefits, she owned a community property interest in his retirement benefits as enhanced. As to apportionment, it applied the so-called “time rule.” (See, e.g., In re Marriage of Judd (1977) 68 Cal.App.3d 515, 522 [137 Cal.Rptr. 318]; In re Marriage of Adams (1976) 64 Cal.App.3d 181, 186 [134 Cal.Rptr. 298].) Under that method, the community property interest in retirement benefits is the percentage representing the fraction whose numerator is the employee spouse’s length of service during marriage before separation, here 17.39 years, and whose denominator is the employee spouse’s length of service in total, here 32.67 years; the separate property interest is the percentage representing the remainder of 100 percent minus the community property interest percentage. The superior court determined that the community property interest in Husband’s retirement benefits as enhanced was 53.23 percent and that the separate property interest therein was 46.77 percent. It proceeded to award Wife, as her share, one-half of the community property interest, here 26.62 percent—which yielded her an amount of about $814.39 per month, including about $188.71 per month attributable to the enhancement. It declined to follow Gram to the extent that Gram suggested that it had to add any putative years credited to the employee spouse’s service to the denominator of the time-rule fraction.

On Husband’s appeal, the Court of Appeal affirmed. Husband claimed that the superior court erred in its determination as to characterization that, by owning a community property interest in his retirement benefits, Wife owned a community property interest in his retirement benefits as enhanced. Reviewing the ultimate question, as it appears, independently, the Court of Appeal concluded that the superior court was correct in its characterization. In this regard, it agreed with Gram. At the same time, it disagreed with the then recent decision in In re Marriage of Frahm (1996) 45 Cal.App.4th 536 [53 Cal.Rptr.2d 31] (hereafter sometimes Frahm), which it read to be in conflict. Neither Husband nor Wife claimed that the superior court erred in its determination as to apportionment of Husband’s retirement benefits as enhanced between community and separate property interests through its [177]*177application of the time rule. Hence, the Court of Appeal did not address the point.

On Husband’s petition, we granted review. We now affirm.

II

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Smittcamp v. Smittcamp CA5
California Court of Appeal, 2025
Marriage of Andary CA6
California Court of Appeal, 2025
Marriage of Shields CA3
California Court of Appeal, 2024
Marriage of Abolahrar & Nasiri CA2/7
California Court of Appeal, 2024
Marriage of Docherty CA6
California Court of Appeal, 2023
Marriage of Jacobsen CA4/3
California Court of Appeal, 2023
Flaherty v. Carasi CA2/6
California Court of Appeal, 2023
Marriage of Herbers and Ferrari CA4/1
California Court of Appeal, 2022
Burns v. Fitzgerald CA4/1
California Court of Appeal, 2022
Marriage of Kelpe
California Court of Appeal, 2021
Marriage of Hibbert CA2/7
California Court of Appeal, 2020
Marriage of Feng and Tian CA4/3
California Court of Appeal, 2020
Marriage of Nunez and Minar CA4/3
California Court of Appeal, 2016
Marriage of Peterson
243 Cal. App. 4th 923 (California Court of Appeal, 2016)
Marr. of Brandes
California Court of Appeal, 2015
Marriage of Brandes
California Court of Appeal, 2015
Marriage of Brandes CA4/1
239 Cal. App. 4th 1461 (California Court of Appeal, 2015)
Estate of Williams CA1/1
California Court of Appeal, 2014
Marriage of Ketaily CA2/6
California Court of Appeal, 2014

Cite This Page — Counsel Stack

Bluebook (online)
955 P.2d 451, 74 Cal. Rptr. 2d 825, 18 Cal. 4th 169, 98 Daily Journal DAR 5539, 98 Cal. Daily Op. Serv. 4021, 1998 Cal. LEXIS 3189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-lehman-cal-1998.