Facts
This case concerns a request for partial liquidation of Pension Fund X. following the transfer of 26 employees from company Y. SA to company Z. SA. Pension Fund X. refused to carry out this partial liquidation, considering that the conditions were not met according to its regulations. The Supervisory Authority had approved these regulations in 2006, which provided that the conditions for a partial liquidation were not met in this case.
The former employees of Y. SA transferred to Z. SA challenged this decision before the Federal Administrative Court, which annulled the decision of the Supervisory Authority and referred the case back to it. Pension Fund X. then appealed against this judgment before the Federal Supreme Court.
Considerations
The Federal Supreme Court first recalled that according to Art. 53b para. 1 BVG, the conditions for a partial liquidation are presumed to be met in the event of a significant reduction in the workforce, corporate restructuring or termination of the affiliation contract. However, pension institutions can provide in their regulations for additional circumstances that can rebut this legal presumption, particularly due to their specific characteristics.
In this case, the regulations of Pension Fund X. provided that the conditions for a partial liquidation were only met if the reduction in personnel or…