Allison

—This case involves the right of a wife to insist that her husband elect a joint and survivor annuity under husband’s retirement plan.

Husband and wife were married for 27 years, from July 20, 1956, until November 14, 1983, when they separated. Throughout this period, husband was employed by Pacific Telephone (now Pacific Telesis). On November 29, 1983, husband filed for divorce. The case was bifurcated and on July 10, 1985, the court dissolved the marriage, leaving the issue of the property division for a later date.

*852 Six weeks later, after the judgment of dissolution but before the property division, husband retired from Pacific Telesis. The retirement plan provided that husband could either elect a life annuity which terminated on his death, or a survivor annuity, which paid a lesser amount each month but which would continue making payments to a surviving spouse after his death. The provisions of the retirement plan limited the survivor annuity to the employee’s spouse, who must have been married to the employee on the date of his retirement. Clearly the appellant—the now ex-Mrs. Allison—did not qualify as a surviving annuitant under the simple language of the…