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=U5= Sec1587f -- Section 1587f Requirements
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=S=> BGB 1587f In the cases in which the establishment of pension expectancies in a statutory pension scheme , with regard to the provision of section 1587b ( 3 ) sentence 1 second half-sentence , is not possible , the transfer or establishment of pension expectancies in a statutory pension scheme , with regard to the provision of section 1587b ( 5 ) , is excluded , the spouse who is the person obliged has not made the payments to establish pension expectancies in a statutory insurance scheme imposed on him under section 1587b ( 3 ) sentence 1 first half-sentence , payments of an occupational pension plan on the basis of such expectancies or prospects are to be included in the equalisation which at the date when the decree was pronounced were not yet non-forfeitable , the family court , under section 1587b ( 4 ) , has made a ruling in the form of contractual equalisation of pension rights or the spouses , under section 1587o , have agreed on contractual equalisation of pension rights , the equalisation here takes place on the application of one spouse under the provisions of sections 1587g to 1587n ( contractual equalisation of pension rights ) .
=U5= Sec1587g -- Section 1587g Claim to payment of a pension
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=S=> BGB 1587g. 1 The spouse whose pension to be equalised exceeds that of the other spouse must make to the other spouse , as equalisation , periodical payments ( an equalisation pension ) in the amount of half of the excess amount in each case . The pension may be demanded only if both spouses have obtained a pension or if the spouse who is the person obliged has obtained a pension and the other spouse , by reason of illness or other infirmity or weakness of his physical or mental powers , will for a period whose end cannot be foreseen not be able to undertake gainful employment that is reasonable according to his training and skills or has reached the age of sixty-five . BGB 1587g. 2 For the determination of the pension to be equalised , section 1587a applies with the necessary modifications . If , since the date when the divorce petition was first pending at court , the value of a pension or an expectancy or prospect of a pension has changed , or if a pension or an expectancy or prospect of a pension that existed on the date when the divorce petition was first pending at court has ceased to exist , or if requirements of a pension have been satisfied that were not satisfied on the date when the divorce petition was first pending at court , this must be taken into account in addition . BGB 1587g. 3 Section 1587d ( 2 ) applies with the necessary modifications .
=U5= Sec1587h -- Section 1587h Restriction or end of equalisation claim
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=S=> BGB 1587h There is no equalisation claim under section 1587g to the extent that the person entitled is able to pay the maintenance appropriate to his standard of living from his income and his assets and the granting of the equalisation of pension rights would be an inequitable hardship for the person obliged , taking into account the financial circumstances of both spouses ; section 1577 ( 3 ) applies with the necessary modifications ; to the extent that the person entitled , in expectation of the divorce or after the divorce , by acts or omissions , has brought about a situation where a pension which would have to be equalised under section 1587 is not granted ; to the extent that the person entitled , during the marriage , for a long period of time grossly violated his duty to contribute to the family maintenance .
=U5= Sec1587i -- Section 1587i Assignment of pension claims
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=S=> BGB 1587i. 1 The person entitled may demand that the person obliged assign him , in the amount of the day-to-day equalisation pension , pension rights included in the equalisation that have become payable or that become payable for the same period of time .
=S=> BGB 1587i. 2 The effectiveness of the assignment to the spouse under subsection ( 1 ) does not prevent the exclusion of transferability and pledgeability of the claims .
=S=> BGB 1587i. 3 Section 1587d ( 2 ) applies with the necessary modifications .
=U5= Sec1587k -- Section 1587k Applicable provisions ; extinction of claim to equalisation
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=S=> BGB 1587k. 1 The equalisation claim under section 1587g ( 1 ) sentence 1 is governed by sections 1580 , 1585 ( 1 ) sentences 2 and 3 and section 1585b ( 2 ) and ( 3 ) with the necessary modifications .
=S=> BGB 1587k. 2 The claim expires on the death of the person entitled ; section 1586 ( 2 ) applies with the necessary modifications . To the extent that the claim expires under this provision , the claims assigned under section 1587i ( 1 ) pass to the person obliged .
=U5= Sec1587l -- Section 1587l Claim to lump sum payment of future equalisation claims
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=S=> BGB 1587l. 1 A spouse may demand a lump sum payment from the other spouse for his future equalisation claims if the other spouse can reasonably be expected to make the payment with regard to his financial circumstances .
=S=> BGB 1587l. 2 The amount of the lump sum payment is to be based on the current market value , determined under section 1587g ( 2 ) , of the expectancies or prospects of both parties of a pension to be equalised .
=S=> BGB 1587l. 3 The lump sum payment may be demanded only in the form of the payment of contributions to a statutory pension scheme or to a private life insurance or pensions insurance policy . If the lump sum payment in the form of the payment of contributions to a private life insurance or pensions insurance policy is chosen , the insurance contract must be entered into by the person entitled for himself for the event of death and reaching the age of sixty-five or a lower age and must provide that profit shares are applied to increase the insurance benefits . On application , the person obliged is to be permitted to pay in instalments to the extent that this is equitable in view of his financial circumstances .
=U5= Sec1587m -- Section 1587m Extinction of the claim to a lump sum payment
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=S=> BGB 1587m On the death of the person entitled , the claim to payment of the lump sum expires to the extent that the person obliged has not yet discharged it .
=U5= Sec1587n -- Section 1587n Set-off against maintenance claim
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=S=> BGB 1587n Where the person entitled has been paid a lump sum under section 1587l , he must allow the amount that he would receive as equalisation of pension rights under section 1587g if the lump sum payment had not been made to be set off against a claim to maintenance against the divorced spouse .
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