In this discretionary appeal regarding the equitable division of retirement benefits pursuant to a divorce decree, William Rabek appeals, contending that the trial court erred by failing to exclude from division an amount from his federal pension plan equivalent to social security benefits he would have otherwise been paid. Pretermitting the efficacy of Rabek’s contention, see Cornbleth v. Cornbleth , 580 A2d 369 Pa. Super.1990, he failed to provide the trial court with any evidence of the amount, if any, which should have been excluded, and as such, the trial court did not err. Ponica Kellum brought this divorce action against William Rabek, her common law husband, after 25 years of marriage. Following a bench trial on the sole issue of division of the parties’ retirement assets, the trial court entered an amended final judgment and decree of divorce providing for, inter alia, an equal division of the retirement assets, exclusive of Kellum’s social security retirement benefits. Rabek thereafter filed an application to appeal from the final divorce decree, which we granted pursuant to this Court’s pilot project. See Wright v. Wright , 277 Ga. 133 587 SE2d 600 2003.
Rabek contends that the trial court erred when it failed to deduct an amount in lieu of social security benefits from the value of his civil service pension when determining equitable distribution of the marital retirement accounts. Rabek is employed by the Federal Aviation Commission as an air-traffic controller and participates in the federal Civil Service Retirement System CSRS pension plan. By virtue of his participation in CSRS, Rabek does not participate in social security. Kellum is employed by a private employer and participates in a pension plan as well as in the social security system. Unlike a pension, her social security retirement benefits are precluded by federal statute from consideration by state courts as marital property and thus are not subject to equitable division. See 42 U.S.C. § 407 a; Lanier v. Lanier , 278 Ga. 881 1 n.2 608 SE2d 213 2005.1
