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Art. 27 Divorce

1 The pension compensation in the event of divorce is based on the relevant provisions in the ZGB, OR, BVG, FZG, ZPO, IPRG and cor­re­spond­ing regulatory provisions.
2 If, in the context of divorce, a share of the vested early leaver benefit of the insured member has to be transferred to the divorced spouse, the retirement savings of the insured member decrease accordingly. The remaining pension assets are adjusted based on the share to be transferred in relation to the retirement savings pursuant to Art. 15 of the BVG. Payment of the supplementary portion takes place in the following order:
  • supplementary account;
  • retirement account (supplementary retirement savings).

The same shall apply by analogy if the Pension Fund is to transfer a share of the pension to the entitled divorced spouse (as a lump sum, if necessary).

3 If an insured member receives a vested early leaver benefit or part of a pension (also as a lump sum, if necessary) in the context of divorce, the Pension Fund credits this amount to the mandatory and other retirement savings based on the ratio at which it was deducted in the pension of the obliged divorced spouse.
4 If, as a result of the divorce of a temporary disability pension before the reference age, a part of the vested benefits is transferred in favour of the divorced spouse, this results in a reduction of the retirement assets referred to in para. 2 and cor­re­spond­ingly lower retirement benefits. Any disability pension and potential (also future) disability children’s pensions that exist at the time when divorce proceedings are initiated are not affected. If the retirement savings accrued at the start of the disability pension flow into the calculation of the disability pension according to regulations, then the disability pension is reduced on the basis of the actuarial principles of the Pension Fund and to a maximum amount as defined in Art. 19 Paras. 2 and 3 of the BVV2 (subject to existing disability children’s pension at the time when divorce proceedings are initiated).

If, in the event of divorce of a disabled pensioner with lifelong entitlement to disability benefits, a share of the vested early leaver benefit is transferred to the divorced spouse, this results in a reduction of the retirement savings pursuant to Para. 2 and a reduction of the disability pension, defined on the basis of the actuarial principles of the Pension Fund to a maximum possible amount pursuant to Art. 19 Paras. 2 and 3 of the BVV2 (subject to existing disability-linked children’s pension at the time when divorce proceedings are initiated).

5 If, as a result of the divorce of an retirement or disability pensioner, a pension share is awarded to the entitled divorced spouse after the reference age, the pension benefits of the insured person are reduced accordingly. The entitlement to a disability children’s pension or retirement children’s pension at the time when divorce proceedings are initiated is unaffected. Any entitlements to survivors’ benefits are cal­cu­lated on the basis of the still effective paid pension benefit after pension compensation, subject to an orphan’s pension, which replaces a children’s pension that was not affected by the pension compensation.

The portion of the pension allocated to the entitled divorced spouse does not trigger any further benefit entitlements against the Pension Fund. The annual pension payments to the pension of the entitled divorced spouse must be made by 15 December of each year and half the comPlan regulatory interest rate applied. The Pension Fund of the obliged divorced spouse and the entitled divorced spouse can agree to a lump sum transfer instead of a pension transfer. If the divorced spouse entitled to a pension changes pension or vested benefit scheme, they must inform the obliged Pension Fund by 15 November of the respective year at the latest.

The divorced spouse entitled to a pension and to a full disability pension or who has reached the minimum age for early retirement, can demand the payout of a lifelong pension annuity. Once they have reached the reference age, they are entitled to a lifetime pension. They can ask for them to be transferred to their pension fund if they can still buy in accordance with its rules.

6 If, retirement age is reached during the divorce proceedings or a disability pensioner reaches the reference age, the pension fund reduces the part of the vested benefits to be transferred and the pension by the maximum amount possible under Art. 19g FZV.
7 The insured member can buy into the Pension Fund again to the amount of the vested and paid-out early leaver benefit. The amounts paid in are allocated at the same ratio as the debit under Para. 2. There is no entitlement to a buy-in in the case of divorce of a disabled pensioner.