Facts
A. works at Bank X. and is affiliated with the Bank's Pension Fund. On July 31, 1995, he was entitled to an advance withdrawal of CHF 90,293 as an incentive for home ownership. A. and B. were married on July 5, 1996. On March 27, 2000, the President of the Civil Court of the District of Y. pronounced their divorce. The divorce judge ratified the agreement whereby the wife would be entitled to half the difference between the termination benefits of the two spouses calculated with respect to the duration of the marriage. The Insurance Court of the Canton of Vaud was seized to calculate the termination benefits to be divided.Considerations
Article 30c paragraph 6 of the BVG (Federal Law on Occupational Retirement, Survivors' and Disability Pension Plans) regulates the advance withdrawal when the spouses divorce before the occurrence of an insured event. Interpreted in accordance with the letter, purpose and meaning of the law, this article also applies in cases where the means of occupational pension provision have been used for the advance withdrawal before the marriage. The advance withdrawal for the acquisition of a residential property, which retains its nominal value until the divorce, does not produce interest within the meaning of Article 22 paragraph 2, second sentence of the LFLP (Federal Law on Vested Benefits).
The advance withdrawal must be taken into account in the calculation of the termination benefit to be divided. The amount of the advance…