Crediting of Additional Contribution Years for Foreigners in the Swiss Old-Age and Survivors' Insurance

Facts

The Greek national [M.], born on October 10, 1937, entered Switzerland in 1964, where he paid contributions to the Swiss Old-Age and Survivors' Insurance (AHV) until 2002. By decision of November 28, 2002, the Federal Compensation Office awarded him a regular partial old-age pension based on a contribution period of 38 full contribution years. [M.] then requested that, in addition to the 38 years and 10 months during which he had paid contributions, 3 additional years be credited for missing contribution years prior to 1964.

The Federal Social Insurance Office (BSV) filed an administrative court appeal with the request to set aside the cantonal court decision. The Compensation Office joined the position of the BSV, while [M.] essentially requested the dismissal of the legal remedy.

Considerations

The Federal Supreme Court states that the question of whether additional years are to be credited to the respondent for the period before 1964 is to be answered according to Swiss law, insofar as this does not violate the prohibition of discrimination under Community or agreement law.

The court examines whether Article 52d of the Ordinance on Old-Age and Survivors' Insurance (AHVV) is compatible with the prohibition of discrimination under Community or agreement law. It concludes that the requirements for crediting additional years provided for in Article 52d AHVV are objectively justified insofar as they…