Facts
The case concerns the East Swiss Pensioners' Pension Fund, which had used free funds following a partial liquidation in 1999 to increase pensions for existing pensioners by 26.4% and the vested benefits accounts for new pensioners by 34%. After the pension fund had a coverage ratio of 86.3% in 2005, the Foundation Board decided on remedial measures, including a 20% pensioner contribution from all pensioners who had benefited from the partial liquidation. The supervisory authority approved this remedial plan.
Both a former pensioner and several new pensioners filed appeals against the decision. The Federal Administrative Court upheld the appeals and referred the matter back to the lower instance. The pension fund and the BVG Security Fund Foundation then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court decided that the BVG Security Fund Foundation is not entitled to appeal, as it is not directly affected in its financial interests by the contested decision.
Regarding the admissibility of the pensioner contribution, the Federal Supreme Court stated that it meets the legal requirements:
- The pensioner contribution is subsidiary to other measures, as an improvement in asset management could not remedy the underfunding.
- The pensioner contribution…