The formula in Marx should be applied to determine defendant's marital share of plaintiff's federal deferred-distribution pension, calculated as of his retirement date; since plaintiff contributed to Social Security during part of his working life, his actual Social Security benefit would be deducted from defendant-full participant's benefit when she begins to collect and the remainder, subject to Marx , would be offset against her share of his pension, but equity bars the offset here.
July 12, 2004 at 12:00 AM
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