CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Preretirement Payout/Gillmore Rights
.........In General
 12 Cards On This Topic:
  • ERISA provisions for premature payout rights for private pension plans.
  • Court may not order early retirement plan benefit payouts unless provided for by retirement plan.
  • Nonemployee spouse may elect to begin receiving his/her share of pension directly from employee spouse, if employee spouse fails to retire.
  • Nonemployee spouse not entitled to premotion payments of c/p pension benefits.
  • Express unequivocal waiver required for employee spouse to delay nonemployee spouse's right to c/p share of pension by deferring retirement.
  • Court may not order public plan to begin premature payments to spouse of employee eligible to retire, when plan has no provision to do so.
  • Spouse may elect to receive benefits based on hypothetical retirement as of date of trial or date of actual retirement, not a date in between.
  • Gillmore applies to military pensions.
  • Gillmore does not require employee spouse to pay other spouse his/her share of theoretical retirement benefit, but instead requires discounted cash-out.
  • Nonemployee spouse determines when s/he begins to receive his/her share of matured pension, not employee spouse.
  • Marriage of Gillmore: Must Re-Reading for QDRO Drafters
  • Marriage of Gillmore: Must Re-Reading for QDRO Drafters


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