Facts
X., born in 1937, has been employed at BKW FMB Energie AG since 1972. In 1998, an agreement was reached on flexible retirement in accordance with Art. 14 of the Statutes of the BKW Pension Fund. However, X. was of the opinion that an administrative retirement in accordance with Art. 15 of the Statutes should have taken place, and reserved the right to claim damages. He filed a supervisory complaint with the Office for Social Insurance and Foundation Supervision of the Canton of Bern to obtain detailed information on the pension fund's practice regarding administrative retirements and to enforce the correct application of the Statutes' provisions.
The supervisory authority did not enter into the complaint, as all submissions could be asserted within the framework of a performance claim under Art. 73 of the Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans (BVG). X. then filed a complaint against this non-entry decision.
Considerations
The Federal Supreme Court confirmed the supervisory authority's view that the complainant must assert his claims through a performance claim under Art. 73 BVG.…