Entitlement to full retirement assets in the event of a partial liquidation

Facts

The case concerns a partial liquidation of the META Collective Foundation for Occupational Pensions, in which the termination benefits of [A.] and [D.] were reduced. The respondents were entitled to their full retirement assets in accordance with Art. 15 BVG, as the retirement assets must not be diminished in the event of a partial liquidation.

[A.] was a shareholder and managing director of the "B. Carrosserie - Spritzwerk GmbH", which was affiliated with the META Collective Foundation. In the course of the partial liquidation of the company's pension scheme, the shortfall was fully charged to the termination benefits of [A.] and [D.], although this violated the legal and contractual requirements.

Considerations

The Federal Supreme Court holds that neither Art. 53d para. 3 BVG nor the contractual regulations allow for a reduction of the retirement assets in the event of a partial liquidation. Meta had no leeway to deviate from this requirement.

There is no abuse of the right to protection of the…