Facts
The dispute concerns the jurisdiction of the social insurance judge to rule on the feasibility of the agreement between spouses regarding the division of vested benefits from occupational pensions, in the absence of appropriate attestations from the pension institutions. The divorce judgment approving the agreement between spouses regarding the division of vested benefits is enforceable against the pension institutions concerned, provided that they have attested to the feasibility of the agreement in accordance with Art. 141 para. 1 CC. If a pension institution refuses to execute a divorce judgment on the grounds that the planned division is not feasible, the social insurance judge must verify whether the judgment is enforceable against the institution. If so, they must refer the applicant to take action through enforcement proceedings. If not, they must consider the action, verify the feasibility of the agreement and, if applicable, render a judgment against the pension institution.Considerations
The Federal Tribunal has annulled the cantonal judgment and referred the case back to the first judge, on the grounds that the factual findings were manifestly…