When the Divorce Code of 1980 became law, pensions were included as assets subject to equitable distribution. Prior to 1978, benefits under the Civil Service Retirement Act (CSRA) were excluded from equitable distribution; in 1978, that law was amended to permit a Civil Service Retirement System (CSRS) pension to be subject to equitable distribution. 5 U.S.C. Section 8345(j)(1).
As the law on pensions evolved, a CSRS pension came to be treated differently than a private pension with regard to equitable distribution of marital property because a person receiving a CSRS pension does not fund a future Social Security benefit. Simply put, the CSRS pension substitutes for the receipt of Social Security benefits upon retirement.
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