Art. 124205
III. Equitable division of invalidity pension prior to statutory reference age 1 If, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension prior to the statutory reference age, the amount to which he or she would be entitled under Article 2 paragraph 1ter of the Vested Benefits Act of 17 December 1993206 following cancellation of the invalidity pension counts as the termination benefits. 2 The provisions on the equitable division of termination benefits apply mutatis mutandis. 3 The Federal Council determines in which cases the amount under paragraph 1 may not be applied in the division because there has been a reduction due to over-compensation. 205 Amended by No I of the FA of 19 June 2015 (Equitable Division of Pensions on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). |