Facts
The case concerns the question of whether an adult child has a claim to direct payment of the disability child's pension from occupational pension insurance.
The Swisscanto Collective Foundation of the Cantonal Banks initially paid the disability pension and disability child's pension to the mother (B.). From January 1, 2013, it paid the disability child's pension directly to the daughter ([A.]) with the mother's consent. After the mother revoked her consent as of July 1, 2013, Swisscanto resumed paying the disability child's pension together with the disability pension to the mother.
[A.] later demanded the direct payment of the disability child's pension to herself. The Social Insurance Court of the Canton of Zurich obliged Swisscanto to pay the disability child's pension to [A.] from July 1, 2013.
Considerations
The Federal Supreme Court overturned the lower court's decision. It concluded that neither the pension fund regulations of the collective foundation nor Art. 25 of the BVG (Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans) grant the adult child an independent claim to the disability child's pension.
According to Art. 25 para. 1 BVG, insured persons entitled to a disability pension have a claim to a child's pension. The entitlement thus lies principally with the insured person and not with the child. The Federal Supreme Court confirmed its previous case law, according to which the child has no independent claim to the child's pension.
An analogous application of Art. 71ter para. 3 AHVV (Ordinance on the Old-Age…