Facts
The complainant [A.] receives, in addition to his Swiss Old-Age and Survivors' Insurance (AHV) pension and supplementary benefits, also a Liechtenstein AHV pension. The debt enforcement office in Frauenfeld garnished this Liechtenstein pension in the amount of CHF 41.15 per month. [A.] filed a complaint against this garnishment.
The lower instances affirmed the garnishability of the Liechtenstein pension, as it does not fall under the absolute protection from garnishment under Art. 92 para. 1 no. 9a of the Swiss Debt Enforcement and Bankruptcy Act (SchKG) for Swiss AHV pensions. [A.] then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court concluded that the complainant's Liechtenstein AHV pension is also absolutely immune from garnishment, despite the lack of express mention in Art. 92 para. 1 no. 9a SchKG.
While the wording of the provision only covers Swiss AHV pensions, an interpretation oriented towards the meaning and purpose reveals that the legislator intended the absolute immunity…