Question juridique clé
Whether vested benefits can still be divided under Art. 122 ZGB when early retirement was declared but pension drawdown was contractually deferred.
Solution extraite
Yes. Under the applicable plan wording, the vested benefits remained available for division until the deferred pension actually began.
Motifs extraits
The decisive point was the plan's terminology linking the end of the deferral period to the 'beginning of the old-age pension'. During the deferral, a withdrawal of the vested benefits was still possible; therefore the benefits had not yet been committed to pension financing and were not excluded from division.