Facts
By judgment of the High Court of the Canton of Thurgau dated June 22, 2004, the marriage between I. and C. was dissolved. The High Court determined the division ratio for the vested benefits of the occupational pension scheme. The Administrative Court of the Canton of Thurgau was then to carry out the division of the vested benefits. I. filed an administrative court appeal against the decision of the Administrative Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the division ratio determined by the divorce court is binding on the occupational pension court. The advance withdrawal of I. for the acquisition of residential property in the amount of CHF 50,000 must therefore be divided equally, even if a portion of it was used for other purposes. Likewise, the free funds paid out during the marriage from the liquidation of the pension fund of his former employer are fully subject to division, as these funds were calculated not based on the duration of contributions, but according to the total portability benefit.
The Federal Supreme Court further…