In Re Marriage of Bruegl

Evelyn M. Bruegl appeals from that portion of an interlocutory judgment of dissolution of marriage which characterizes the pension rights of Herbert J. Bruegl as-his separate property.

Evelyn and Herbert Bruegl were married on June 25, 1945. A carpenter by profession, Herbert belongs to a union with a noncontributoiy pension fund. He started earning credits in this plan on January 1, 1959, and stipulated at trial he then had 14 years, 3 months of pension credit. The couple separated on February 13, 1973; an interlocutory judgment of dissolution was entered December 5, 1973, when Herbert was 51 years old.

The trial court found Herbert was not eligible to retire and if he stopped working he could not withdraw any funds from the pension fund; it concluded there was no community property interest in the fund. In so ruling the trial court was concerned with the proper interpretation of one instrument, the pension plan.

“[Wjhere no extrinsic evidence has been introduced in connection with the instrument, the court on appeal can and should apply its own interpretation . . .” (Estate of Shannon, 231 Cal.App.2d 886, 889 [ 42 Cal.Rptr. 278 ].)

Pension benefits, to the extent,…