How to split the 2nd pillar claims between the spouses is often an issue in a divorce. Under the existing law, the vested termination benefits accrued during marriage are split equally. An exception is made if, following retirement or disability, an insured event has already occurred. In that case, the spouse is entitled to an “appropriate” settlement.
The current revision provides that, even if an insured event occurred before divorce proceedings were initiated, the assets accrued during marriage must still be equally divided. In that case, the initiation of the divorce proceedings is the reference point for the calculation of the entitlement to termination benefits.
If the spouse becomes disabled before reaching the normal retirement age, the distribution is calculated based on the notional termination benefit to which he would be entitled without the disability. This generally takes the form of a share of the pension paid on a lifelong basis to the beneficiary spouse.
Liberty Pension agrees with the view of the Federal Council that, in the event of a divorce, the claims should be split between the spouses. This especially affects wives who abstained from gainful employment during their marriage so they could stay at home and do other tasks such as raising the children, caring for relatives or keeping house and who could not, therefore, contribute to their own occupational pension plan.