CALIFORNIA FAMILY LAW
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Employment Benefits-Pension/Disability
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Division
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Award to One Spouse/Cash-Out
............Actuarial Assumptions
5 Cards On This Topic:
Poor health of employee merely a factor for the court to consider in determining whether to order cash-out of pension.
Cash-out value based upon greater life expectancy of women held constitutional.
Court should consider parties' probable life expectancies, health and likelihood of premature death in determining plan's present value.
Pension may be divided by determining actuarial value and then awarding pension to employee spouse, with offsetting assets to other spouse.
Value of retirement benefits usually exceeds the amount of member contributions.