Facts
T., born in 1960, has been working in the construction industry since his arrival in Switzerland in 1986, most recently from April 1, 2000 to February 28, 2001 for W. AG and from March 1, 2001 to June 30, 2003 for G. AG. From May 10, 2001, he was unable to work due to a back condition and from May 1, 2002, he received a disability pension from the Disability Insurance.
After both the BVG Collective Foundation X. and Pension Fund Y. as well as Pension Fund Z. had rejected any obligation to provide benefits, T. filed a lawsuit against Pension Fund Z. with the Social Insurance Court of Basel-Stadt. The court ordered Pension Fund Z. to pay T. the pension benefits.
Pension Fund Z. filed an appeal in public law matters with the Federal Supreme Court, requesting that the contested judgment be set aside and the case be remanded to the lower instance for reassessment.
Considerations
The Federal Supreme Court first examined its jurisdiction and concluded that the decision on the obligation of advance performance by a pension institution is a final decision within the meaning of Art. 90 BGG and is therefore independently appealable.
On the merits, the Federal Supreme Court stated that the pension institution that has made advance payments can directly assert a right of recourse against the pension institution…