Facts
By decision of the District Court dated June 22, 2018, the marriage of [A.] and B. was dissolved. The District Court ordered the equal division of the occupational pension assets accumulated during the marriage. In the subsequent proceedings for the division of the vested benefits, the Insurance Court of the Canton of Aargau instructed the AXA Pension Fund to transfer an amount of CHF 103,323.10 plus interest from A.'s account to B.'s account.
[A.] filed a public law appeal against this decision. He claimed that he had fallen seriously ill in November 2014 and had registered with the Disability Insurance for the receipt of benefits. The proceedings were pending, and it was open whether he would be retroactively entitled to a disability pension. His retirement assets with AXA were therefore only provisional and could be reduced considerably.
Considerations
The Federal Supreme Court held that the decisive factor for the applicability of Art. 124 CC is whether a claim for a disability pension from the occupational pension scheme had arisen before the initiation of the divorce proceedings. The occurrence of the pension contingency of disability in the field of mandatory occupational pension coincides with the emergence of the entitlement to a disability pension from the Disability Insurance, even if the pension from the…