Marriage Of Brown

544 P.2d 561 (1976)

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Nature of the Case

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Facts

H and W married on July 29, 1950. They separated in November of 1973. By that time, H had accumulated 72 points under the pension plan, a substantial portion of which is attributable to his work during the period when the parties were married and living together. H's employer maintains a noncontributory pension plan in which the rights of the employees depend upon their accumulation of 'points,' based upon a combination of the years of service and the age of the employee. An employee who is discharged before he accumulates 78 points forfeits his rights; an employee with 78 points can opt for early retirement at a lower pension, or continue to work until age 63 and retire at an increased pension. If H continues to work for General Telephone, H will accumulate 78 points on November 30, 1976. If he retires then, he will receive a monthly pension of $310.94; if he continues his employment until normal retirement age, his pension will be $485 a month. The trial court under French held that H had not yet acquired a 'vested' right to the retirement pension and thus, the pension rights did not become community property subject to division by the court. W appealed.