Facts
H. and G. were married on October 18, 1979. By judgment of the District Court I. of October 6, 2000, their marriage was dissolved (entered into force on February 1, 2001) and it was stated in point 5 of the operative part that the pension assets were not to be divided. On appeal, the Cantonal Court of Grisons stated in point 3 of the operative part of the judgment of June 12, 2001 that the two parties had a mutual right of 50% on the vested benefit acquired by the other spouse during the marriage in accordance with the VBA.
After the case was remanded by the Cantonal Court of Grisons, the Administrative Court of the Canton of Grisons, by decision of June 3, 2002, ordered the pension fund A. to transfer CHF 46,136.- to the pension institution B. of H. (point 1b of the operative part). Simultaneously, it ordered the pension institution B. to transfer CHF 759.50 and CHF 6,269.50 to the pension fund A. in favor of G. (point 2b of the operative part).
Considerations
The Federal Social Insurance Court considers that the previous instance has violated Art. 122 para. 2 CC by ordering the pension institutions concerned to each transfer half of their respective vested benefits to the other. Rightly, the Federal Social Insurance Office (FSIO) sees this as a violation of Art. 122 para. 2 CC, which the pension court must respect in the context of the division of the vested benefit in accordance with Art. 22 para. 1 VBA. With the solution provided for in Art. 122 para. 2 CC, the legislator wanted to avoid that large amounts have to be transferred without great necessity, resulting in corresponding costs.
In the present case, the decisive vested benefit of the wife amounts to CHF 92,272.- and that of the husband to CHF 1,519.- and CHF…