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The Brown rule is actually a shorthand abbreviation for a number of cases that have reinforced the "time rule" for divorces in California. See this page for some clarification: http://www.split-up.com/splitgen/sp/ca/pen...italportion.htm

The Brown case itself stood for a somewhat esoteric issue revolving around whether to include non-vested benefits in the time rule determination. Per the Brown decision, all benefits, whether or not vested are appropriately considered as part of the marital estate. This does not preclude valuation per a discount, if appropriate, to take into consideration the potential that the non-vested benefit may never become vested.

hth

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