In Re Marriage of Cramer

Elizabeth Ellen Cramer appeals from the trial court's denial of her motion for an order directing the San Bernardino County Employees' Retirement Association to pay pension benefits to her following the death of her former husband.

Appellant Elizabeth Ellen Cramer and decedent James Milton Cramer were married in 1959. During the marriage decedent was employed by San Bernardino County in the district attorney's office. Decedent retired as of October 14, 1981. At the time of decedent's retirement, 100 percent of his retirement benefits under the San Bernardino County Employees' Retirement Association (SBCERA) had been earned during the marriage and was community property.

Upon his retirement, decedent elected a retirement option which provided that he was to receive a monthly retirement allowance payable throughout his life, and upon his death 60 percent of that amount was to be continued "to an eligible spouse or minor children." Decedent nominated appellant as his beneficiary on the retirement application, listing appellant as his spouse. The retirement application stated that, except for limited exceptions not relevant here, the election of benefits made…