Facts
In this case, the issue was the division of vested benefits from occupational pensions within the framework of divorce proceedings. The District Court had referred the matter to the Social Insurance Court of the Canton of Zurich to carry out the division of the vested benefits. The pension institutions confirmed the feasibility of the division. However, the appellant, the divorced husband, argued that he had a pending procedure for a disability pension from the Disability Insurance (IV), and therefore the division of the vested benefits should be suspended until the clarification of this procedure.Considerations
The Federal Court upheld the appellant's appeal. It stated that if it subsequently turns out that a pension case had already occurred in fact before the decisive date of the legal force of the divorce judgment, the entire procedure for the division of the vested benefits regulated in Art. 122/141-142 CC and Art. 25a VBA cannot be applied. In such a case, the occupational pension court must stay the proceedings if the retroactive payment of disability benefits…