Questão jurídica principal
Whether the split of earnings for calculating the old-age pension was lawful although the appellant's divorce predated 1 January 1997 and no splitting had been requested by his former spouse.
Decisão extraída
Yes. The old-age pension is a new insured event, so the post-1996 rules apply; income splitting must be carried out ex officio when calculating the old-age pension.
Fundamentação extraída
The transition rules for the 10th AHV revision apply to pensions arising after 31 December 1996. For divorced persons, Art. 29quinquies AHVG applies even if the divorce occurred earlier. Once the insured event of old age occurs, income splitting is mandatory and not dependent on a request by the former spouses.