Thus, he clearly was aware of or chargeable with knowledge of the prospect of his eventual disability retirement when he entered into the stipulation. The defendant's contention that this Court should, in effect, rewrite the terms of the stipulation and deconstruct the division of assets which the parties provided for unambiguously in their stipulation is without merit ( cf. Hansen v. Hansen, 237 AD2d 253).
However, we agree with the defendant's contention that the Supreme Court erred in concluding that 100% of his pension from the New York City Fire Department constitutes marital property subject to equitable distribution. To the extent that the defendant's pension constitutes compensation for personal injuries, it is separate property which is not subject to equitable distribution ( see Link v. Link, 304 A.D.2d 800; Beshara v. Beshara, 281 A.D.2d 577; Hansen v. Hansen, 237 A.D.2d 253; Mylett v. Mylett, 163 A.D.2d 463). In view of the defendant's uncontroverted inquest testimony that one-third of his pension constituted compensation for personal injuries, the Supreme Court should have determined that only the remaining two-thirds of the pension, representing deferred compensation, was marital property subject to equitable distribution.
However, to the extent that the disability pension represents deferred compensation, it is subject to equitable distribution (see Mylett v. Mylett, supra; Carney v. Carney, 236 A.D.2d 574)" (Beshara v. Beshara, 281 A.D.2d 577, 578). Thus, the plaintiff is entitled to only one-half of the martial portion of so much of the defendant's pension as represents deferred compensation, and no part of his pension as constitutes compensation for personal injuries (see Domestic Relations Law ยง 236[B] [1] [d] [2]; Hansen v. Hansen, 237 A.D.2d 253, 254; Mylett v. Mylett, supra). Since it cannot be gleaned from this record, we remit the matter to the Supreme Court, Suffolk County, to determine what part of the defendant's pension constitutes marital property subject to equitable distribution, and for the entry of an appropriate order amending the judgment of divorce to reflect that so much of the defendant's disability pension benefits as is compensation for personal injuries is not subject to equitable distribution. Finally, we note that the defendant is also entitled to a credit for the overpayments made to the plaintiff thus far by the Police Pension Fund.