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California Law - What is the "Community Portion" of a Defined Benefit Pension Plan? The community portion of a pension plan is: Number of years and months married and employed divided by the total number of years and months employed both before and after the marriage. This approach is called the "time rule". However the employer contribution to a defined-contribution profit-sharing plan after the marriage is separate property. Cases: Nice (1991) 281 Cal Rptr 415, 230 Cal App 3d 444 (plan calling for distribution at retirement does not have to pay until spouse actually retires; in this case, member spouse did reach retirement age). Bowen (1985) 217 Cal Rptr 174, 171 CA3d 148 (end date for "married and employed" portion of pension calculation is date of separation). Bergman (1985) 214 Cal Rptr 661, 168 CA3d 742 (1985) (if pension is being paid at retirement, marital percent is: # days married and working / total days employed). Behrens (1982) 187 Cal Rptr 200, 137 CA3d 562 (profit-sharing plan after marriage). Adams (1976) 134 Cal Rptr 298, 64 CA 3d 181. Anderson (1976) 134 Cal Rptr. 252, 64 CA 3d. 36 (community property portion of pension is: # years married and employed divided by # years working until retirement (including years after the marriage); the community property portion is then divided 50/50). Brown (1976) 126 Cal Rptr 633, 544 P2d 561, 15 C3d 838 (if the pension is not yet vested, the court may reduce the marital value for the possibility that it will not vest).
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