Facts
[A.], born in 1956, was employed by B. AG from May 1, 1995 to October 22, 2004 and was insured for occupational pension benefits with the BVG Collective Foundation Swiss Life (hereinafter: Swiss Life) during this employment relationship. From November 1, 2004 to October 31, 2006, he received unemployment benefits and was thus affiliated with the BVG Substitute Occupational Benefit Institution (hereinafter: Substitute Institution).
On April 20, 2007, the insured person applied to the Disability Insurance (IV) for benefits, whereupon the IV office awarded him a half disability pension as of March 1, 2007. Since Swiss Life rejected the payment of disability benefits, the Substitute Institution granted him a half disability pension as an advance payment as of December 29, 2010.
On December 29, 2015, the Substitute Institution filed a lawsuit with the claim that it should be determined that Swiss Life is obliged to pay benefits and must reimburse the pension benefits paid to [A.] since December 29, 2010, plus 5% interest since the filing of the lawsuit.
Considerations
The Federal Supreme Court dismissed the Substitute Institution's appeal, insofar as it entered into it. It justified this as follows:
According to the case law of the Federal Supreme Court, there is generally no obligation to pay default interest in social insurance law - unless the law provides for something different. This case law can also be applied to…