Key legal question
Whether the CHF 180,000 advance withdrawal had to be included in the marital pension share calculation
Extracted holding
No. The divorce judgment excluded reporting of the advance withdrawal because it financed jointly shared real estate, and the social insurance court was bound by that determination.
Extracted reasoning
The Federal Tribunal held that the pension judge must take account of the divorce judgment's reasoning on the advance withdrawal, especially where the property financed with pension funds was also divided between the spouses. The cantonal court violated federal law by disregarding those binding findings.