Facts
H. (born 1955) has been receiving a full disability pension from the Disability Insurance (IV) since July 1, 2010. At her request, the municipality of X., as the implementing agency for supplementary benefits to the Old Age and Survivors' Insurance (AHV)/IV, granted her monthly supplementary benefits and allowances. An objection filed by H. was partially approved.
H. filed an appeal against the decision on the objection, as the supplementary benefits had been reduced from May 2011 onwards. The Social Insurance Court of the Canton of Zurich dismissed the appeal. H. then filed an appeal in public law matters with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that vested benefits (Freizügigkeitsguthaben) from occupational pensions must be taken into account as assets when calculating the entitlement to supplementary benefits, if they can be withdrawn. Since H. has been receiving a full disability pension since July 1, 2010, she could have withdrawn the funds held in a vested benefits account from that date.
The issue is whether this balance should…