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Citing In re Marriage of Gillmore, 629 P.2d 1 (Cal. 1981),1
the superior court ordered petitioner to pay his former spouse
$2,072 per month until he retired. The Court ordered as follows:
(9) * * * [PETITIONER’S FORMER SPOUSE’S] EXERCISE
OF “GILLMORE PENSION RIGHTS”:
(a) The court finds, upon the stipulation of the
parties, that the * * * [petitioner] has been eligible
to retire and collect the pension under the DEFINED
BENEFIT PLAN described herein above since May 19, 1989
but he has not retired to date; and
(b) That were he to retire as of date of trial, he
would have accrued 27.7899 service years and would
receive a starting pension benefit of $4,311.30 monthly
* * * and * * * [petitioner’s former spouse] would be
entitled to one half or $2,072 monthly; and
(c) That * * * [petitioner’s former spouse] has
exercised her “Gillmore Rights” to be paid her said
monthly pension interest and therefore is awarded the
same and * * * [petitioner] is ordered to pay directly
to her $2,072 monthly * * * beginning as of April 1,
1997 and continuing until he retires and the Plan
begins direct payment to her pursuant to the award and
order made in Par. 2(A)(8) herein. * * * .
1 A nonemployee spouse has the right to be paid the amount
to which that spouse would have been entitled if the employee
spouse had retired and begun drawing benefits in a pension plan
that, on the date of divorce, was fully vested, matured, and
drawable but was not paid because the employee spouse continued
to work. In re Marriage of Gillmore, 629 P.2d 1 (Cal. 1981). As
used in this Opinion, the term “nonemployee spouse” is the spouse
with a community property interest in the retirement benefits of
the other spouse (the employee spouse). If both spouses have
earned rights in retirement plans, each spouse is the
“nonemployee spouse” in relation to the retirement rights of the
other spouse.
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Last modified: May 25, 2011