In Re Marriage of Flockhart

Opinion

WHITE, P. J.

Chenette L. Flockhart (petitioner below) appeals from a portion of an interlocutory judgment of dissolution of marriage. At issue is a benefit payable to respondent Charles G. Flockhart pursuant to Public Law No. 95-250 (enacted Mar. 27, 1978 and designated as the Redwood Employee Protection Program, hereafter Act or REPP). The judgment declared it to be the separate property of respondent. The benefit in question is one which REPP refers to as a “weekly layoff benefit.” (§ 207.)

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[242]

The trial court found that the benefit was respondent’s separate property. We agree.

On March 27, 1978, Public Law No. 95-250 was enacted and became effective. It expanded the Redwood National Park by adding some 48,000 acres, primarily in Humboldt, Del Norte and Trinity Counties. Because of perceived economic impact on the region, the Act included provisions “to provide for the maintenance of an income for directly affected employees for a limited time.” (1978 U.S. Code Cong. & Admin. News, No. 1.)

Title II of the Act provides for a wide range of benefits to various classes of affected employees, including contributions to pension plans, relocation expense reimbursement, and vacation replacement benefits. An affected employee is specifically defined in the Act and generally is one who has lost his job because of the Redwood Park expansion. Eligibility for each of these benefits varies. The

only one of the Act’s benefits at issue in this case

is the “weekly layoff benefit” set forth in section 207 which could also be paid in a lump-sum manner under section 208.

The following relevant facts were before the trial court. Respondent did not lose his job within the meaning of the Act prior to his separation from appellant. The only benefit respondent was receiving is the “weekly layoff benefit” (§ 207) which respondent is also eligible to take as a one-time payment. (§ 208.) Respondent is not a “short service employee” (§ 209), and he will not reach age 60 before October 1, 1984.