In Re the Marriage of Jensen

Opinion

SONENSHINE, J.

—Orange County Employees Retirement System (OCERS) contends the trial court erred in ordering it to pay directly to the former wife of one of its members, one-half of the community interest in the retirement benefits earned by the member spouse, despite the fact he had not yet retired from service. We agree.

I

Melvin and Jeanne Jensen had been married for 22 years when, in June 1989, they separated. A marital dissolution proceeding was promptly initiated by Jeanne, and in January 1990, OCERS was joined as a party claimant. At a mandatory settlement conference in March, all…