Facts
On May 26, 2017, the Debt Collection Office Arbon ordered a garnishment of income of CHF 407.90 per month against [A.]. The Debt Collection Office considered as income a disability pension under the IVG and supplementary benefits under the ELG totaling CHF 2,184.90, as well as a BVG disability pension of CHF 523.--. [A.] filed a complaint against the garnishment, which was dismissed by the District Court of Arbon and subsequently by the High Court of the Canton of Thurgau.
In an appeal to the Federal Supreme Court, [A.] requested that the garnishment be discontinued and that the previous payments and costs be reimbursed. He argued that his BVG disability pension was not subject to garnishment, as supplementary benefits to the IV are not subject to garnishment and he would be disadvantaged compared to persons who only receive an IV pension and supplementary benefits if his BVG disability pension were garnished up to the minimum subsistence level under debt collection law.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that claims from occupational pensions are subject to garnishment upon maturity pursuant to Art. 92 para. 1 no. 10 SchKG. While benefits under Art. 92 para. 1 no. 9a SchKG, such as the disability pension received by the appellant under the IVG and the supplementary benefits, are not subject to garnishment, these benefits are relevant for determining the total income. The Debt Collection Office must in any case start from the minimum subsistence level under debt collection law and not from the one that is relevant for the receipt of supplementary benefits.
Furthermore,…