¹ If, at the point at which divorce proceedings commence, a spouse is drawing an invalidity pension after the statutory retirement age or drawing a retirement pension, the court decides at its own discretion how the pension is to be divided. In doing so it primarily takes into account the duration of the marriage and the pension requirements of each spouse.

² The share of the pension awarded to the spouse entitled thereto is converted into a life-long pension. This is paid to the entitled spouse by the liable spouse’s occupational pension fund or is transferred to the entitled spouse’s own occupational pension fund.

³ The Federal Council regulates:

1.

the actuarial conversion of the share of the pension into a life-long pension;

2.

the procedure in cases in which the retirement benefits are postponed or the invalidity pension is reduced due to over-compensation.