Facts
F., born in 1959, was employed 50% as a secretary/accountant at Association H. since January 15, 1990. Simultaneously, she was also employed 50% at Association A. as the head of finance and accounting from September 2, 1991. She gave up the latter position for health reasons on December 31, 1996, while continuing her 50% employment at Association H.
By decision of November 7, 1997, the IV-Stelle (Disability Insurance Office) of the Canton of Appenzell Ausserrhoden granted F. a half disability pension (with a degree of disability of 55%) effective July 1, 1996. The pension fund of Association A. has been paying her a half disability pension since January 15, 1997, calculated on the insured earnings from her 50% employment. However, the BVG-Sammelstiftung der Rentenanstalt (Collective Foundation of the Pension Fund) of Association H. rejected her claim for a pension.
Considerations
The Federal Supreme Court concluded that F. was mandatorily insured with the pension institutions of both employers, as she was performing two equivalent activities and in each employment relationship exceeded the minimum salary pursuant to Art. 7 and 9 BVG.
The Federal Supreme Court denied the obligation to pay benefits by the BVG-Sammelstiftung der Rentenanstalt and instead obligated the pension fund of Association A. to pay F. a full disability pension. This is because F. remained employed 50% at Association H. and…