Question juridique clé
Whether income earned during the first marriage had to be split and credited equally despite the claimant being remarried when the pension arose.
Solution extraite
Yes. For pension calculation, earnings during years of marriage are split and credited equally when the pension entitlement arises, regardless of whether the person is now remarried.
Motifs extraits
Under Art. 29quinquies para. 3 AHVG, splitting follows the individual pension system and depends on the existence of a marriage during the relevant years, not on the claimant's current marital status at retirement.