In Re the Marriage of Jensen

—Orange County Employees Retirement System (OCERS) contends the trial court erred in ordering it to pay directly to the former wife of one of its members, one-half of the community interest in the retirement benefits earned by the member spouse, despite the fact he had not yet retired from service. We agree.

I.

Melvin and Jeanne Jensen had been married for 22 years when, in June 1989, they separated. A marital dissolution proceeding was promptly initiated by Jeanne, and in January 1990, OCERS was joined as a party claimant. At a mandatory settlement conference in March, all issues were resolved except for disposition of the community interest in Melvin’s pension/retirement account.

Melvin had been employed by the Orange County District Attorney’s office since shortly after marriage. At the time of separation, he was eligible to retire but had elected not to. Nonetheless, Jeanne wanted immediate distribution of her interest in the plan. OCERS objected, claiming it was not required to disburse any funds until Melvin actually retired.

Judgment was entered as to all other issues, including an award of spousal support to Jeanne in the sum of $500 per month, with the court…