Kernrechtsfrage
Whether occupational pension benefits had to be split under Art. 122 CC or replaced by equitable compensation under Art. 124 CC
Extrahierter Entscheid
Because no old-age pension case had actually occurred, the husband still had a claim to a vested benefit; the pension accrual had to be split by half under Art. 122 CC.
Extrahierte Begründung
The decisive moment is the actual receipt of old-age benefits, not the mere possibility of early retirement. Since both spouses were still working at the relevant time, Art. 124 CC did not apply.