Facts
B., born in 1956, is self-employed as a lawyer. Until December 31, 2020, he was voluntarily affiliated with the pension institution C. On March 31, 2020, he informed C. of his decision to terminate this affiliation. B. also has private pension provision (3rd pillar A) in the form of a pension account with Pension Foundation E. SA.
By judgment of May 26, 2020, confirmed on December 22, 2020 by the Federal Supreme Court, the Criminal Appeals and Review Chamber of the Geneva Court of Justice found B. guilty of complicity in disloyal management and sentenced him, among other things, to pay A. the sum of CHF 20,460,487. On January 22, 2021, at the request of A., the Geneva Court of First Instance ordered the sequestration of various assets allegedly belonging to B., including the occupational pension assets (2nd pillar) held with C. and the private pension account (3rd pillar A) with Pension Foundation E. SA.
B. filed a complaint against the sequestration minutes, concluding that the sequestration should not cover his occupational pension assets (2nd pillar) or his private pension account (3rd pillar A). By decision of October 21, 2021, the Supervisory Chamber annulled the sequestration insofar as it had been executed on the occupational pension assets deposited by B. with C.
Considerations
The Federal Supreme Court dismissed the civil appeal filed by A. against this decision.
According to the Federal Supreme Court, the termination benefit of the respondent held by his former pension institution, to which he is no longer affiliated and to which he has given the order to transfer the said benefit to an institution in a vested benefits account, is not subject to seizure. As long as the insured person has not requested the payment of…