Facts
The Federal Insurance Court has rendered a judgment in a divorce case involving the sharing of the spouses' departure benefits from occupational pension plans. The facts are as follows: spouses W. and M. got divorced and the cantonal court ordered the equal sharing of their departure benefits from occupational pension plans. The value of the departure benefits to be shared was CHF 242'705.- for W. and CHF 105'098.15 for M. The cantonal court decided that W.'s departure benefit had to be transferred to Pensionskasse Y., M.'s pension institution, but that the amount exceeding what was necessary for the purchase of statutory benefits could be paid to a maximum of two VBA institutions.
The parties filed appeals against this decision, contesting in particular the method of transferring the departure benefits. The Federal Insurance Court was seized of the case and had to determine whether the sharing of departure benefits should be carried out in favor of M.'s pension institution or whether a portion could be paid to other VBA institutions.
Considerations
The Federal Insurance Court considered that the sharing of departure benefits had to be carried out in accordance with articles 122 and 142 of the Swiss Civil Code (CC) and articles 3, 4 and 22 of the Federal Act on Occupational Pension Plans (VBA). It also examined the provisions of the Ordinance on Occupational Pension Plans (VBO) and the Federal Act on Free Movement (LFZP).
The Court decided that the departure benefit had to be transferred first to M.'s pension institution, but that the amount exceeding what was necessary for the purchase of statutory benefits could be paid to a maximum of two VBA…