Facts
A. (born April 14, 1958) received economic social assistance from the municipality of Oberentfelden from February 2011 until the end of May 2019. On July 1, 2019, she received a vested pension asset of CHF 132,142.50 in her account. The Municipal Council of Oberentfelden ordered that her reimbursable economic social assistance as of the end of July 2019 amounted to CHF 162,232.65 and that she had to repay CHF 66,565.- of it within one month after the decision became legally binding.
A. filed an administrative appeal against the reclaim, which was dismissed by the Administrative Court of the Canton of Aargau. With a public law appeal, A. requests the annulment of the administrative court's judgment and the waiver of a reclaim of social assistance funds from capital payments from the pension fund.
Considerations
The Federal Supreme Court confirms that the paid-out vested pension assets can generally be used to reimburse economic social assistance. Although the provisions of occupational pension law pursue the purpose of maintaining pension protection, this protection loses its validity after the withdrawal of the vested pension capital. The Federal Supreme Court states that there is a limited seizability within the meaning of Art. 93 DEBA, according to which only that part of the capital can be seized which corresponds to a hypothetical annual pension minus the existential minimum not covered by the other…