This section contains the nature of the case and procedural background.

H and W separated in 1978 after a marriage of 14 years. The community property was divided evenly, with the exception of H's interest in a retirement plan managed by his employer, Pacific Telephone Company. The court found that H would become eligible to retire on April 11, 1979, at which time he would be entitled to a monthly benefit of $717.18. W's interest in that benefit was found to be approximately $177.14 per month. The court specifically reserved jurisdiction over the retirement plan. April 1979 arrived, and H continued to work. H was in his early 50's, and he intended to work for some time to come. He was not required to retire until he reached the age of 70. In July 1979, W requested an order for immediate payment of her share of the pension benefits. The trial court refused. W appealed.

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