Facts
P. (born 1967) worked as an employee at company X from June 1, 2001 to the end of September 2004. During this time, she was not insured under the occupational pension foundation Z. within the framework of the mandatory occupational pension scheme, as she allegedly did not reach the minimum salary under the BVG. With a claim filed on July 9, 2007, P. requested that company X be obligated to pay employer contributions to the occupational pension scheme in the amount of CHF 1,294.80 plus interest at 5% since October 1, 2004.
The Federal Social Insurance Office (BSV) filed an appeal with the request that company X be obligated to transfer the contributions to the occupational pension scheme owed for the period from January 1, 2002 to September 30, 2004 in the amount of CHF 1,998.70 to the pension foundation Z. on behalf of the claimant. P. also filed an appeal with the request that company X be obligated to pay her contributions to the occupational pension scheme in the total amount of CHF 1,294.80 plus interest at 5% since October 1, 2004 to the pension foundation Z.
Considerations
The Federal Supreme Court upheld the appeals. It concluded that the claimant had deliberately sued the employer and demanded the payment of contributions, but not the withdrawal benefit. Therefore, the employer is the proper party in the present proceedings.
The Federal Supreme Court supplemented the facts and found that…