Facts
The case concerns the offsetting of disability insurance pension arrears with compensation claims of the Compensation Fund Promea pursuant to Art. 52 OASI Act.
The IV office of the Canton of Zurich granted T. a half disability pension with effect from January 1, 2006 with a degree of disability of 50% by decision of November 26, 2008. This resulted in an arrears payment of CHF 38,315. The IV office offset CHF 34,982.15 of this with compensation claims (including debt collection costs) of the Compensation Fund Promea.
T. filed a complaint against the decision and requested that the offsetting with the compensation claims of the Compensation Fund be inadmissible. The cantonal court partially upheld the complaint and set the amount to be offset with the Compensation Fund at CHF 31,667.15.
T. then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal and confirmed the admissibility of offsetting disability insurance pension arrears with compensation claims of the Compensation Fund pursuant to Art. 52 OASI Act.
The offsetting is governed by Art. 50 para. 2 IVA in conjunction with Art. 20 para. 2 lit. a OASI Act and not by the provisions of the ATSG. The cross-branch offsetting of benefits and claims between social insurance schemes is permissible.
The Federal Supreme Court stated that the ATSG does not contain a general offsetting norm and that the discharge of claims by means of offsetting is to be assessed according to the…