CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Division
.........In-Kind Division/"Resv. of Juris."
............Time Rule
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Court may award each spouse a portion of each pension payment as paid.

Time rule explained.

Only years of employment relevant to calculation of benefits may be counted in denominator; early retirement penalty that is dependent on date application made for benefits not actual employment not considered.

Even where employee's service not continuous, pension based on total service years may be divided according to time rule.

In-kind division makes valuation unnecessary.

Pension should be divided according to time rule.

Time rule applied even though pension increased in value after date of separation, because early years should count as much as later years.

Nonemployee spouse's interest properly based on ultimate retirement benefit, not benefit accrued as of date of separation.

That c/p share of H's pension will be based upon H's basic pay at retirement irrelevant to time rule division.

Time rule in pension division.

Time rule not applied when benefits not substantially related to time served.