Contribution claims of the Substitute Occupational Benefit Institution against compulsorily affiliated employers

Facts

The Substitute Occupational Benefit Institution BVG, Zurich Branch (hereinafter referred to as the Substitute Institution), ordered the compulsory affiliation of the employer K. S.A. on March 27, 1987, as the latter had failed to fulfill its pension obligation. On October 12, 1987, the Substitute Institution issued a decree obliging K. S.A. to pay an amount of CHF 3,884.75.

K. S.A. filed a complaint against this decree with the Insurance Court of the Canton of Zurich. The cantonal court did not enter into the complaint, as the Substitute Institution had to enforce its contribution claim through legal action rather than by issuing a decree.

Thereupon, the Substitute Institution filed an administrative court appeal with the Federal Insurance Court.

Considerations

The Federal Insurance Court stated that while the Substitute Institution has the status of an authority, this only applies to certain tasks that specifically differ from those of other pension institutions and for the fulfillment of which the Substitute Institution is dependent on sovereign powers.

This includes the compulsory affiliation of employers according to Art. 60 para. 2…