Facts
C., born on April 30, 1936, applied for an old-age pension from the Old Age and Survivors' Insurance (AHV) on January 10, 1998 and requested the granting of child-rearing credits for her foster child D., born on December 14, 1969. However, the Compensation Fund of the Canton of Graubünden did not grant her any child-rearing credits. The Administrative Court of the Canton of Graubünden dismissed her appeal on the grounds that the legal regulation makes the entitlement to the crediting of child-rearing credits dependent on the exercise of parental authority and that no exceptional case exists.
C. then filed an administrative court appeal and argued that she had reduced her employment as a nurse due to her childcare responsibilities, which now had a negative impact on her entitlement to an old-age pension.
Considerations
The Federal Insurance Court states that the entitlement to the crediting of child-rearing credits generally depends on the insured person having exercised parental authority over one or more children. However, foster parents do not have parental authority, but only the authority to represent the biological parents in their parental authority. Therefore, foster parents are excluded from the entitlement to the crediting of child-rearing credits.
The…