Samuels

On appeal by both parties from a judgment of dissolution of marriage, we examine the nature of certain federal civil service disability and survivorship benefits. For the reasons we explain, we conclude that only the benefits payable to the disabled employee spouse upon becoming eligible for deferred retirement benefits constitute community property. We reverse and remand.

Facts

The facts are undisputed: At the time of marriage in June 1942, John had been employed as a federal civil service employee for a period of 16 months, such employment continuing without interruption until February 1971, when at age 50 years he terminated his employment due to an injury and began receiving monthly disability benefits reduced in amount by reason of his election providing death benefits to his surviving wife. Under the then existing provisions of the federal civil service retirement system ( 5 U.S.C. § 8337 ), 1 John became eligible for a “disability annuity” upon completing a minimum of five years of service prior to disability *125 and would be eligible for a “deferred retirement annuity” upon attaining 62 years of age. 2 The parties separated in January 1973, Leora being awarded…