Facts
A. was employed at B. AG from September 1, 2004 to March 31, 2005 and was thereby insured for occupational pension benefits with the Helvetia Collective Foundation for Occupational Pensions (Helvetia). On February 29, 2008, Helvetia transferred a vested benefit of CHF 118,127.30 in favor of A. to the Pension Foundation C. This then passed through the Pension Fund D. and the Vested Benefits Foundation E. to the Bafidia Pension Fund (Bafidia), with which A. is now insured for occupational pension benefits due to an employment relationship with F. AG.
In an email dated November 20, 2014, Helvetia informed Pension Foundation C. that it had erroneously credited A. on April 1, 2005 with a vested benefit of another employee in the amount of CHF 103,427.10. It requested Bafidia to transfer this amount back, which Bafidia, however, refused.
On January 27, 2015, Helvetia filed a lawsuit against Bafidia, requesting that it be ordered to repay the amount that was erroneously transferred.
Considerations
The Federal Supreme Court held that the pension institution that made an erroneous credit to an insured person's account and then transferred this as a vested benefit to a new pension institution can reclaim the unlawfully made transfer by analogous application of Art. 35a BVG.
The pension institution holding the credit is obliged to make reimbursement. Thus, Bafidia as the new pension institution that received the vested benefit is also generally…