Facts

Heinrich E., born in 1954, paid social security contributions on income from dependent employment in 1974. In 1975 and 1976, he paid contributions as a non-employed student by means of contribution stamps. From 1978 to 1981, he was employed and earned contributory wages. From October 1981 to April 1983, he completed training as a personnel assistant, and from May 1983 to November 1985, he attended a management training course.

The Compensation Fund of the Canton of Zürich recorded Heinrich E. as a non-employed person for the years 1982 to 1985 and calculated his personal contributions based on his assets. Heinrich E. filed a complaint and claimed that his contribution-related status in these years should have been that of a student.

Considerations

The Federal Insurance Court states that students under Art. 10 para. 2 AHVG only have to pay the minimum contribution and cannot be covered under Art. 10 para. 1 AHVG. The legislator wanted to generally burden all non-employed students who can be granted this status only with the minimum contribution.

However, the complainant cannot be recognized as a student within the meaning of Art. 10 para. 2 AHVG, as his…