Facts
The 1936-born S. lives in Germany and received an old-age pension of CHF 189.- per month from the Swiss Compensation Office from August 1, 2001 to May 31, 2002, CHF 243.- from June 1 to December 31, 2002 and CHF 249.- from January 1, 2003. The administration divided the income earned by him and his former wife I. during the calendar years of their joint marriage and credited it to both spouses in equal halves. S. contested the pension ruling and requested a recalculation of the old-age pension without income splitting.
The Federal Commission of Appeal of the OASIO for persons living abroad dismissed the complaint. S. then filed an administrative appeal with the request that the old-age pension be recalculated without income splitting.
Considerations
The provisions on the calculation of old-age and survivors' insurance pensions are, apart from Art. 52f para. 2bis OASIO, of a mandatory nature. The mutual waiver by the spouses of post-marital maintenance benefits and benefits in respect of old-age provision in the context of the 2nd pillar therefore does not have the consequence that the pensions would be calculated without income splitting in the event of the occurrence of the insured event.
The regulation of the secondary consequences of a divorce is thus without significance for the calculation of the pension. The notarized agreement of June 19, 1981 between the appellant and his then wife regarding the mutual waiver of the implementation of the pension adjustment therefore has no significance for the calculation of the Swiss old-age pension.
The Agreement of February 25, 1964 between the Swiss Confederation and the Federal Republic of Germany on Social Security and the Agreement of June 21, 1999 between the Swiss Confederation and the European Community and its Member…