Reimbursement of Unlawfully Received Old-Age Pensions - Waiver for Heirs

Facts

The case concerns the reimbursement of an unlawfully received old-age pension after the death of the pension recipient. The Compensation Fund of the Embroidery Industry had paid the insured person Züst an old-age pension for a married couple until June 30, 1969, even though his wife had already died on May 2, 1966. The Compensation Fund then demanded the wrongfully received amount of 4,216 Swiss francs back and rejected the insured person's request for a waiver.

After the insured person's son filed a complaint, the Appeals Commission for Social Insurance of the Canton of Appenzell AR waived the reimbursement. However, the insured person died on January 17, 1970, whereupon the Compensation Fund filed an administrative court appeal.

Considerations

The Federal Insurance Court states that the monetary claims and debts of the deceased based on public law pass on to the heirs along with the rest of the estate. Since the insured person left no assets and the heirs did not disclaim the inheritance, the reimbursement debts have passed on to the heirs.

Pursuant to Article 47 OASI Act and Article 79 OASI Ordinance, the reclaiming of unlawfully received pensions can be waived if the obligated person received the pensions in good faith and reimbursement would cause them great hardship. Since the insured person is deceased, the heirs can now request…