In Re Marriage of Crook

Here we hold that unless a marital settlement agreement (MSA) contains an express unequivocal waiver, upon the employee spouse’s eligibility to retire, the nonemployee spouse retains the right to receive his or her share of a community property pension. (In re Marriage of Gillmore (1981) 29 Cal.3d 418 [ 174 Cal.Rptr. 493 , 629 P.2d 1 ].)

On June 30, 1987, the trial court entered judgment dissolving the marriage of William and Susan Crook. The judgment incorporated the MSA and specified that the trial court retained jurisdiction over the pension. William was not then eligible to retire.

The MSA provides, in pertinent part: “At such time as Husband begins receiving retirement payments, Wife shall receive from each retirement payment, that percentage of the payment allocable to her community interest calculated as follows: one-half of the product obtained by multiplying the amount of each retirement payment by the ratio of the months of Husband’s employment with County of Santa Barbara, during marriage and prior to separation, which is 204 months, over the total number of months of Husband’s employment with County of Santa Barbara. The Santa Barbara County Employees’…

On petition for rehearing, William contends that he was first eligible to retire in 1987, and not in 1989 as found by the trial court. He claims that the monthly payment ordered should be based upon his rate of *1613 pay in 1987 which would result in an approximate $200 per month reduction. William asks that we receive evidence on appeal and appends a copy of a letter from the Santa Barbara County Employees Retirement System to the effect that he was first eligible to retire on September 22, 1987.

Somewhere along the line, litigation must cease. A reviewing court has discretion to grant or deny a motion to receive evidence on appeal. (Code Civ. Proc., § 909; Monsan Homes, Inc. v. Pogrebneak (1989) 210 Cal.App.3d 826, 830 [ 258 Cal.Rptr. 676 ].) The request is denied.

We also observe that even if William was first eligible to retire in 1987, the amount of payments would not decrease by approximately $200 per month as claimed.

Stone (S. J.), P. J., and Gilbert, J., concurred.

A petition for a rehearing was denied February 25, 1992.

Here we hold that unless a marital settlement agreement (MSA) contains an express unequivocal waiver, upon the employee spouse's eligibility to retire, the nonemployee spouse retains the right to receive his or her share of a community property pension. ( In re Marriage of Gillmore (1981) 29 Cal.3d 418 [ 174 Cal. Rptr. 493 , 629 P.2d 1 ].)

On June 30, 1987, the trial court entered judgment dissolving the marriage of William and Susan Crook. The judgment incorporated the MSA and specified that the trial court retained jurisdiction over the pension. William was not then eligible to retire.

The MSA provides, in pertinent part: " At such time as Husband begins receiving retirement payments, Wife shall receive from each retirement payment, that percentage of the payment allocable to her community interest calculated as follows: one-half of the product obtained by multiplying the amount of each retirement payment by the ratio of the months of Husband's employment with County of Santa Barbara, during marriage and prior to separation, which is 204 months, over the total number of months of Husband's employment with County of Santa Barbara. The Santa Barbara County…