Facts
This case concerned the jurisdiction of the Social Insurance Court over the division of occupational pension termination benefits, including vested benefits accounts and policies, in divorce proceedings. The Federal Supreme Court had to decide whether the Social Insurance Court is also competent for disputes over vested benefits accounts and policies or whether these fall under the jurisdiction of the civil court.Considerations
The Federal Supreme Court decided that the Social Insurance Court is competent for the division of all occupational pension termination benefits, including vested benefits accounts and policies. This results from Arts. 141/142 CC and Art. 25a VBA, which provide for the comprehensive jurisdiction of the Social Insurance Courts over the division of termination benefits in divorce proceedings. The legislator intended with this regulation to achieve coordination and harmonization of the procedure and to avoid a fragmentation of jurisdiction.…