Facts
Joseph Schaller applied for a supplementary pension for Michel S., a child he has been fostering since November 1962 due to the divorce of the child's parents. Michel S.'s father paid a maintenance allowance of 170 Swiss francs per month until June 1976, but is subject to criminal proceedings for the subsequent monthly payments.
The MEROBA Compensation Fund refused to grant the requested supplementary pension, on the grounds that the maintenance allowance paid by Michel S.'s father exceeded one quarter of the child's maintenance and education costs. The Insurance Court of the Canton of Vaud confirmed this decision.
Joseph Schaller filed an administrative law appeal against this judgment, arguing that he is Michel S.'s sole true supporter and should therefore be entitled to the supplementary pension.
Considerations
The Federal Insurance Court dismissed the appeal. According to case law, for a foster child to be entitled to a supplementary pension, the foster parents must assume the costs of maintenance and education free of charge and on a permanent basis. This condition was not met in the present case, as the maintenance allowance paid by Michel S.'s father represented more than one quarter of the costs determined according to the standards of the Youth Office of the Canton of Zurich.
The Federal Court clarified…