Appeal of a pension decision of the mandatory accident insurance by the occupational pension fund

Facts

The case concerns a dispute between the Swiss Accident Insurance Institution (SUVA) and Pension Fund X. regarding the payment of a disability pension to the insured person C. SUVA had rejected the benefits, whereupon Pension Fund X. appealed the decision.

According to the substantive coordination law provisions, the occupational pension fund must take into account the benefits of the accident insurance and can reduce them under certain conditions. Furthermore, there is an obligation for the pension fund to make advance payments if the assumption of the pension by the accident insurance is disputed.

The question of whether Pension Fund X. as a third-affected party is entitled to appeal the SUVA decision was examined in detail by the Federal Supreme Court.

Considerations

The Federal Supreme Court concluded that Pension Fund X. as a third-affected party is entitled to appeal the SUVA pension decision. This is justified by the fact that the pension decision of the accident insurer is usually decisive for the extent to which the pension fund has to provide benefits.

The pension fund is thus directly affected in its obligation to…