Question juridique clé
Whether the insured payout from a tied 3a policy had to be included in the divorce-based division of occupational pension assets.
Solution extraite
No. Benefits arising from a 3a tied-pension policy do not fall within the divorce split under Art. 122 CC and cannot be charged in execution of the pension-sharing order.
Motifs extraits
Art. 122 CC covers only claims arising from occupational pension relationships governed by the LFLP, including vested benefits and 2nd-pillar rights. The disputed payout resulted from termination of a 3a policy and had already been treated as an asset in the matrimonial property liquidation, so it was outside the scope of the pension split.