In Re Marriage of Cooper

Henry Charles Cooper appeals from a domestic relations order (DRO) entered after a judgment dissolving his marriage to Jan Dee Gigi Cooper, respondent. Appellant contends that the trial court erred in dividing survivor benefits payable by the California Public Employees’ Retirement System (CalPERS). We agree and reverse.

Factual and Procedural Background

Appellant was bom in December 1932 and started public employment in 1963. Respondent was bom in May 1946. The parties were married in November of 1991. After 32 years of employment, appellant retired in December 1995. At that time, he started receiving retirement benefits from CalPERS.

Upon retirement, appellant selected optional settlement 2 (option 2), which “consists of the right to have a retirement allowance paid a member until his or her death and thereafter to his or her beneficiary for life.” (Gov. Code, § 21456.) Appellant designated respondent as his beneficiary. In exchange for the option 2 survivor benefit, appellant received a reduced retirement allowance during his lifetime. The option 2 beneficiary designation was irrevocable unless, upon dissolution of the parties’ marriage, the total interest in the…