Facts
On March 10, 1994, Katharina H. obtained a writ of attachment for a claim of CHF 12,636 plus interest against Franz H. The asset seized was the pension of the Basellandschaftliche Beamtenversicherungskasse (Cantonal Civil Servants' Pension Fund) that exceeded the debtor's subsistence minimum.
The Debt Collection Office in Liestal executed the writ of attachment but determined that the attachment was unsuccessful, as the asset listed in the writ was an unattachable disability pension pursuant to Art. 92 para. 10 DEBA. The Supervisory Authority for Debt Collection and Bankruptcy of the Canton of Basel-Landschaft dismissed Katharina H.'s complaint against this decision.
Katharina H. appeals to the Federal Supreme Court, requesting that the Debt Collection Office be instructed to determine the debtor's minimum subsistence needs and attach the attachable portion of his monthly civil servants' pension.
Considerations
The Federal Supreme Court states that benefits from occupational pension schemes are subject to limited seizability after the occurrence of the benefit-entitling event, regardless of whether they are paid due to age, death, or disability.
Originally, the Federal Supreme Court had interpreted Art. 92 para. 10 DEBA broadly and considered all benefits paid due to bodily injury or health impairment as unattachable. However, with the introduction of Art. 92 para. 13 DEBA for claims on pension benefits against a pension fund before maturity, the legislator did not intend to completely exempt the more extensive occupational pension benefits from seizure.
The Federal Supreme Court now holds that benefits from occupational pension schemes, which serve as replacement income in place of the…