Recognition of a contract model as a tied pension insurance (Pillar 3a)

Facts

The PAX Swiss Life Insurance Company developed a contract model for a fund-based policy with periodic premiums (PAX Fund Plan) and applied to the Federal Tax Administration for its recognition as a tied pension insurance (Pillar 3a) pursuant to Art. 82 BVG. The Federal Tax Administration rejected this, as it did not have the corresponding competence to decide. The PAX Swiss Life Insurance Company then filed a complaint about the denial of justice and supervisory complaint with the Federal Department of Finance, which was dismissed. The PAX Swiss Life Insurance Company appealed this decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court decided that the Federal Tax Administration is indeed competent to decide on the recognition of a contract model as a tied pension insurance (Pillar 3a) with an appealable ruling. This follows from Art. 82 BVG and Art. 1 para. 4 BVV 3, according to which the Federal Tax Administration must examine the submitted contract models to determine whether they comply with the legal requirements.

The recognition of a contract model as Pillar 3a is not merely an expression of opinion, but a declaratory ruling within the meaning of Art. 5…