CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Disability Benefits
.........Characterization
16 Cards On This Topic:
  • Nonmilitary disability pay is characterized based upon purpose payments are designed to serve.
  • Only excess of disability over retirement benefits is s/p.
  • Disability pay is s/p when employee not entitled to longevity pension.
  • If insured becomes disabled after last policy term for which a premium was paid before separation, benefits produced by policy renewals for subsequent terms are s/p.
  • Benefits received from disability insurance policy paid for with c/p must be characterized according to purpose designed to serve, according to intended retirement age.
  • Disability insurance proceeds follow the character of the disabled spouse's earnings, i.e., they are c/p during marriage and s/p after separation.
  • Trial court erred in awarding to ex-W a c/p interest in H's CalSTRS disability allowance—she got her full c/p share of his CalSTRS ••retirement•• benefits and, as a matter of law, had no c/p interest in his postseparation ••disability allowance••.
  • Private disability benefits paid during marriage are s/p if the right to those benefits acquired before marriage without any contribution from community.
  • Disability payments are s/p until employee has right to longevity payments.
  • C/P entitled to portion of disability pay even when H retired before he had right to receive longevity pension. Look to purpose of award.
  • Disability payments were s/p until H reached retirement age, then c/p.
  • Disability pension s/p until employee reaches normal retirement age, then c/p based on time rule.
  • Disability payments properly assigned to disabled employee in absence of evidence he was entitled to retirement pay.
  • Only net amount of disability pay received in excess of longevity pension is s/p.
  • Court may not award W a portion of disability pension which nondisabled H may get in future.
  • Allocation of disability benefits between s/p and c/p.