Inalienability of Supplementary Cantonal Benefits to Old-Age and Disability Insurance

Facts

In the context of enforcement proceedings initiated by X. against Y., the Enforcement Office of Geneva drew up a certificate of loss of assets. Creditor X. filed a complaint against the certificate of loss of assets, arguing that the supplementary cantonal benefits were subject to seizure. His complaint was rejected by the Supervisory Commission of Enforcement and Bankruptcy Offices of the Canton of Geneva, and he appealed the decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It considered that the Geneva law on supplementary cantonal benefits to the Old-Age and Disability Insurance aims to cover vital needs. The benefits derived from it, reserved by federal law in Art. 2 para. 2 SIA, are exempt from any seizure in accordance with Arts. 20 SIA and 92 para. 1 no. 9a DEBA.

The Federal Supreme Court also rejected the appellant's argument that the cantonal supplementary benefits would not be subject to the same regime of inalienability as the federal benefits. It considered that the cantonal benefits, although governed by autonomous cantonal law, also aim…