Facts
L., born in the USA in 1989, applied in March 2007 for enrollment in the voluntary Old-Age, Survivors' and Disability Insurance. At that time, he was domiciled in South Africa. The Swiss Compensation Office rejected the application, which was confirmed by the Federal Administrative Court.
L. filed a public law appeal with the aim of having the decision overturned. He argued that family members of employees sent abroad by the Swiss Confederation are subject to compulsory insurance and that enrollment in the voluntary insurance should not be conditional on five years of uninterrupted insurance coverage.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that insured status in the field of compulsory and voluntary AHV is of a personal nature and cannot be transferred to family members. While according to Art. 1a(4)(c) AHVG, non-working spouses residing abroad of insured persons employed by the Swiss Confederation can join the compulsory insurance, there is no corresponding regulation for their children.
An analogous application of Art. 1a(3)(b) AHVG, which allows students to continue the compulsory insurance, is not applicable to the appellant, as this provision is aimed at persons with a pre-existing insurance relationship in Switzerland.
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