California, United States of America
The following excerpt is from Marriage of Loehr, In re, 114 Cal.Rptr. 536, 39 Cal.App.3d 796 (Cal. App. 1974):
In all of those cases the serviceman had fulfilled the minimum years of active service (usually 20 years) required for entitlement to the military retirement pay (see, e. g., 10 U.S.C. 6323(a)). There was no question in those cases whether the right to the retirement benefit had 'vested.' (Cf. French v. French, 17 Cal.2d 775, 778, 112 P.2d 235.) As pointed out in the Fithian case the right vests 'when an employee acquires an irrevocable interest in a fund created by his own contributions and/or the contributions of his employer.' (In re Marriage of Fithian, supra, 10 Cal.3d 592, fn. 2, p. 596, 111 Cal.Rptr. 369, p. 371, 517 P.2d 449, p. 451, emphasis added.)
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