Facts
H. and S. were married on 24 September 1976. S. had been insured with the Pension Fund E. since 1 December 1981. From 1 October 2003, he received a 20% disability pension from the occupational pension scheme due to incapacity to work. By judgment of the District Court Y. of 17 July 2006, the marriage was dissolved, and the equal division of the occupational pension benefits accrued during the marriage was ordered. After the judgment became legally binding, the District Court referred the matter to the cantonal Insurance Court for this purpose. However, the Insurance Court dismissed the claim, as the division could not be carried out due to the occurrence of the insured event (disability) prior to the divorce. H. then filed a public law appeal.Considerations
The Federal Court upheld the appeal. Although the insured event "disability" had occurred for S., the divorce court is bound by the division key specified in the divorce judgment. The Occupational Pension Court merely has to execute the division. The withdrawal benefit can be transferred to a vested benefits account of the entitled (former) spouse if the requirements for the transfer of a portion of the withdrawal benefit as an offset against the appropriate…