§4.06 When Right to Payment Accrues

If the retirement date occurs and the election is made after the dissolution proceeding, the nonemployee spouse is entitled to receive payment from the date on which he or she files a motion seeking immediate payment. [Marriage of Cornejo (1996) 13 C4th 381, 385-386.]

If the employee spouse is entitled to retire at the time of trial, the nonemployee spouse may, if he or she chooses, elect to receive immediately his or her community interest in the benefit that would have been paid had the spouse actually retired at time of trial. Alternatively, the nonemployee spouse may choose to wait until the actual retirement and share at that time in the retirement benefits, based on the community's interest in the plan calculated as of the date of the parties' separation. [Marriage of Castle (1986) 180 CA3d 206, 216.]