Facts
K., born in 1959, suffered occupational accidents involving his right knee in May 1989 and March 1995. The Swiss National Accident Insurance Fund (SUVA) paid him daily allowances. In April 2001, K. applied to the IV-Stelle Basel-Stadt (Disability Insurance Office of Basel-City) for a pension. After his death in January 2005, all his heirs, including his daughter S., renounced the inheritance. The Bankruptcy Office liquidated the estate.
The IV-Stelle issued rulings on 27 February 2006, determining that K. had been entitled to a full disability pension and two child pensions for his two daughters for the period from 1 April 2000 to 31 March 2003. The Compensation Fund of Basel-City paid the total pension benefits of CHF 97,612 to the Bankruptcy Office, which then redistributed the funds.
K.'s mother N. filed an objection against the rulings of 27 February 2006, which the IV-Stelle rejected. N. and S. jointly filed a public law appeal with the aim of having the rulings overturned and higher pension benefits awarded.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that renouncing heirs have no independent right to challenge a pension ruling issued to the estate and to seek higher benefits. The rights of the deceased's creditors take precedence over the entitlement of renouncing heirs to assert disputed legal claims.
According to the Federal Supreme Court, Article 573(2)…