Facts
H., sole administrator of company X SA, was affiliated with the Collective Foundation LPP of Zurich Life Insurance Company. Victim of an accident in December 1990, H. suffered partial incapacity to work until the end of August 1993, then incapacity to work for medical reasons from September 1, 1993. On October 15, 1993, he applied for disability insurance benefits.
On December 3, 1993, Zurich Life informed the company of the details of H.'s disability benefits entitlement, including an annual disability pension of 10,659 francs after a waiting period of 12 months. On May 11, 1994, the Collective Foundation requested the bankruptcy of the company for unpaid premiums. On June 15, 1994, SBS undertook to pay 100,000 francs on behalf of the company, which allowed the withdrawal of the bankruptcy request.
The next day, on June 16, 1994, H. signed a contract with the company and SBS, by which he undertook to assign to SBS the disability pension he was to receive from Zurich Life. This assignment of claim was notified to Zurich Life on June 21, 1994.
On January 23, 1997, H. invoked the nullity of this assignment of claim, on the grounds that under Art. 39 LPP, an assignment made prior to the maturity of the claim is null and void.
Considerations
The Administrative Court of Neuchâtel ruled in favor of H. and found the assignment of claim to be null and void. The Collective Foundation and UBS SA (which had succeeded SBS) appealed against this judgment.
The Federal Court dismissed the appeals. It considered that the right to a disability pension…