Facts
By (partial) decision dated February 27, 2002, the competent divorce court granted the divorce and stipulated in the operative part that the spouses had agreed to a fifty-fifty division of the pension fund claims as of December 31, 2001. After the matter had been referred by the divorce court to the cantonal insurance court, the parties concluded a settlement on the division of the retirement assets.
The Federal Social Insurance Office filed an administrative court appeal with the request to carry out the division of the termination benefits based on the division ratio determined by the divorce court.
Considerations
The Federal Insurance Court holds that the parties concluded a settlement on the division of the retirement assets in the proceedings before the cantonal insurance court, and this can be judicially approved. The division ratio has been bindingly determined by the divorce court.
However, the Insurance Court cannot make any decisions on property law or property rights issues, as…