Facts
P. has been married to Q. since 1968. Q. was insured with the ASGA Pension Fund of the Trade (respondent) from 1978 to 1994. After termination of the employment relationship, the pension fund transferred the termination benefit to a non-contributory insurance. On October 20, 1997, Q. submitted a request to the pension fund for the cash payment of the vested benefits, which also contained P.'s signature. Thereupon, the pension fund transferred the amount of CHF 92,340.10 to Q.'s account in Spain on October 28, 1997.
P. then approached the matrimonial court with the request that the bank in Spain be instructed to transfer half of the balance paid to her husband to her, as her husband had forged her signature on the request for cash payment. On December 10, 1998, P. initiated divorce proceedings with the mediator of district X. and filed a criminal complaint against her husband for forgery of documents with the public prosecutor's office on December 16, 1998.
On March 12, 1999, P. filed a lawsuit with the Administrative Court of the Canton of Graubünden against the pension fund, requesting a declaration that the pension fund had wrongfully paid the termination benefit of CHF 92,340.10 to her husband. Furthermore, she requested that the divorce court determine that a portion of the termination benefit be transferred to her pension plan.
Considerations
The Federal Court states that according to Art. 73 BVG, the social insurance courts are competent for disputes between pension funds, employers and beneficiaries, insofar as the dispute concerns the legal area of occupational pensions. This is the case here, as it concerns the validity of a cash payment of a termination benefit.
The Federal Court affirms the appellant's interest in a declaratory judgment, as the question of the validity of the cash payment is of decisive importance for the…