Facts
By decision of 11 March 1987, the Compensation Fund for the Swiss Banking Industry awarded B. (born 1959), who had been widowed without children since 11 December 1986, a widow's lump-sum payment of 41,472 Swiss francs as of 1 January 1987. The amount was paid out the same day, but mistakenly into the account of a third party. In July 1996, B. requested the transfer of the widow's lump-sum payment. The Compensation Fund then discovered its error and asserted a claim for reimbursement against the unauthorized third party. Following an intervention by the insured person with the Federal Social Insurance Office (BSV), the Compensation Fund rejected the payment of the widow's lump-sum with its decision of 9 March 1998, on the grounds that the claim had lapsed since February 1992.Considerations
The Federal Supreme Court decided that a ten-year absolute statute of limitations applies to the enforcement of benefits that have been legally awarded. Since the appellant inquired about the whereabouts of the widow's lump-sum payment that had been legally awarded by the decision of 11 March 1987 during the course of 1996, the ten-year period has been observed. Therefore, the Compensation…