Facts
S. worked as a home dressmaker for A. since September 1, 1985. In 1986, she earned a gross salary of 20,657 francs. She then became partially or totally incapable of working and was granted a full disability pension as of September 1, 1988.
A., who had not previously been affiliated with any pension institution, concluded a group life insurance contract for her staff with the Vaudoise Assurances Collective Occupational Pension Foundation (Vaudoise Assurances) which took effect on May 1, 1990. S. requested the Substitute Occupational Pension Institution (Substitute Institution) to pay her a disability pension, but the latter refused, considering that it was the responsibility of the pension institution of the former employer to pay the legal benefits.
S. then brought the case before the Insurance Court of the Canton of Vaud, primarily requesting that Vaudoise Assurances pay her an OPA disability pension and, subsidiarily, that the Substitute Institution do so.
Considerations
The Insurance Court upheld the claim against Vaudoise Assurances, considering that Art. 11 OPA establishes a subsidiary affiliation with the Substitute Institution only when the employer has not voluntarily affiliated with a pension institution. In this case, the employer was affiliated with Vaudoise Assurances from 1990, this affiliation being retroactive in accordance with Art. 11(3) OPA.
However, the Federal Insurance Court considers that, in accordance with Arts. 12 and 60(2)(d) OPA, it…