Kernrechtsfrage
Whether the insurance court remains competent to fix compensation under Art. 124 ZGB after it becomes apparent that the insured event had already occurred before the divorce judgment became final.
Extrahierter Entscheid
No. Once the division of exit benefits is impossible because the insured event had already occurred, the transfer to the insurance court becomes ineffective and the matter returns to the civil judge for determination of an adequate compensation under Art. 124 ZGB.
Extrahierte Begründung
The legal provisions on divorce and occupational pension law assign the insurance judge competence only for division of exit benefits. They do not expressly authorize that court to determine compensation under Art. 124 ZGB. That compensation arises from civil law and is not a specifically occupational-pension dispute.