Gemma v. Gemma

OPINION

By the Court,

Rose, J.:

The district court determined in this divorce action that the respondent Lois Gemma had a community property interest in her husband’s, appellant Joseph Gemma, Jr., police retirement pension even though his pension rights had not vested, and that she could elect to receive pension benefits when appellant was first eligible to retire. Appellant objects to a nonvested pension interest being considered community property; and if it is, he opposes his former wife’s ability to receive her share of benefits beginning when he is first eligible to retire. We reject…