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=S=> BGB 1587b. 1 If a spouse , in the period of the marriage , has acquired pension expectancies in a statutory pension scheme in the meaning of section 1587a ( 2 ) no . 2 and if these exceed the expectancies in the meaning of section 1587a ( 2 ) no . 1 and 2 which the other spouse has acquired in the period of the marriage , the family court transfers to that spouse pension expectancies in the amount of half of the difference in value . The details are governed by the provisions on statutory pension schemes .
=S=> BGB 1587b. 2 If , in the period of the marriage , a spouse acquired an expectancy in the meaning of section 1587a ( 2 ) no . 1 from a public-law corporation , institution or foundation , one of their associations including the central organisations or one of their joint associations , and if this expectancy , alone or together with a pension expectancy in the meaning of section 1587a ( 2 ) no . 2 exceeds the expectancies in the meaning of section 1587a ( 2 ) nos . 1 and 2 that the other spouse acquired in the period of the marriage , the family court establishes for the latter pension expectancies in a statutory pension scheme in the amount of half of the difference in value still remaining after the application of subsection ( 1 ) . The details are governed by the provisions on statutory pension schemes .
=S=> BGB 1587b. 3 To the extent that the equalisation is not to be undertaken under subsection ( 1 ) or 2 , the spouse who is the person obliged must pay , as contributions to establish expectancies in a particular pension in a statutory pension scheme for the spouse entitled , the amount that is necessary in order to equalise the difference in value;* ) this applies only as long as the spouse entitled has not yet satisfied the requirements for an old-age pension from a statutory pension scheme . The details are governed by the provisions on statutory pension schemes . Pension expectancies to be transferred under subsection ( 1 ) or to be established under subsection ( 2 ) are to be included in the equalisation ; by way of set-off , only one equalisation is to be made .
=S=> BGB 1587b. 4 If the transfer or establishment of pension expectancies in the statutory pension schemes would probably not take effect to the advantage of the person entitled , or if the equalisation of pension rights in this form , in the circumstances of the case , would be uneconomical , the family court should , on the application of one party , make different arrangements ; section 1587o ( 1 ) sentence 2 applies with the necessary modifications .
=S=> BGB 1587b. 5 The monthly amount of the pension expectancies in the statutory pension insurance schemes to be transferred under subsection ( 1 ) or to be established under subsections ( 2 ) and ( 3 ) , together with the monthly amount of the pension expectancies already established in the statutory pension schemes of the spouse entitled to equalisation may not exceed the maximum amount set out in section 76 ( 2 ) sentence 3 of Book Six of the Social Security Code [ Sozialgesetzbuch ] .
=S=> BGB 1587b. 6 When pension expectancies in the statutory pension insurance are transferred or established , the family court must order that the monthly amount of the pension expectancies to be transferred or to be established is to be converted into pension credit points .
=S=> BGB 1587b.* ) Note : This half-sentence is void , by the judgment of the Federal Constitutional Court [ Bundesverfassungsgericht ] of 27 January 1983 ( Federal Law Gazette [ Bundesgesetzblatt ] I p . 375 ) .
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