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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Gram
Citation:
25 Cal. App. 4th 859 (1994)Facts
Marilyn and Allen Gram married on May 28, 1960, and separated on September 15, 1981. Allen began working for the San Diego Union-Tribune on October 14, 1968, and started accumulating retirement credits on November 1, 1969. The parties entered a marital termination agreement in 1983 that established a formula for dividing Allen’s retirement benefits based on the ratio of days employed during marriage to total days employed. In August 1991, the newspapers announced a merger requiring workforce reduction and offered voluntary termination incentive plans. Allen, who was eligible for the enhanced early retirement option, received credits adding five years to his service (up to 30 years maximum) and five years to his age (up to 65 maximum). His enhanced monthly benefit would be $1,252.14 compared to $688.47 under unenhanced early retirement or $1,063.77 at actual age 65. Allen elected the enhanced plan with monthly payments rather than a lump sum.
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