Facts
The insured person, Emmy Gisler, a missionary sister who was working in Algeria at the time, was informed by the Swiss Embassy in March 1970 that she was entitled to an old-age pension under the Swiss Federal Old Age and Survivors' Insurance (AHV) as of April 1970. The letter also informed her that she could defer the pension payment by at least one year and up to a maximum of five years. Gisler confirmed the deferral on the registration form dated March 19, 1970 and indicated that the pension should not be paid out immediately.
In May 1970, the Embassy informed Gisler of the decision regarding the pension deferral and pointed out that if she claimed the pension more than one year after the start of the pension, there would be no retroactive payment. When Gisler finally claimed the pension in November 1971, the Compensation Fund of the Canton of Zurich issued the corresponding pension decision.
Gisler filed a complaint against this decision and requested the retroactive payment of the pension from April 1970. She claimed that she had been under a misconception and believed that the pension amounts would only be deferred if she did not want to receive them from abroad.
Considerations
The Federal Social Insurance Court dismissed the complaint. It explained that according to the law, a subsequent payment of deferred pensions is excluded. The actuarial equivalent of the benefits not received does not only include the equivalent of the benefits the individual pensioner has waived, but also an average share of the amounts that were not paid out due to the death of other pensioners during the deferral period. This share can only be calculated if a choice between subsequent payment or supplement is excluded.
The Court further stated that Gisler had been clearly and unambiguously informed by…