Facts
X, who had previously worked for the company H. AG from 1966 to 1977, re-entered the services of this company as a Director and Member of the Executive Board on December 1, 1979. For occupational pension benefits against old age, disability, and death, he was insured on the one hand with the Employee Pension Foundation of H. AG, and on the other hand he was a beneficiary of the Pension Fund Foundation of H. AG.
At the end of May 1989, X terminated his employment relationship with the company H. AG and took up a new position at AG S. The Employee Pension Foundation of H. AG transferred the vested termination benefits due upon his departure from the company to X's new pension institution. The calculation of the vested termination benefits from the Pension Fund Foundation resulted in an amount of CHF 273,624.--. The Pension Fund Foundation retained half of this amount (CHF 136,812.--) based on a provision in the Supplementary Pension Regulations.
Considerations
The Federal Insurance Court concluded that the Pension Fund Foundation of H. AG is an insurance institution that grants the beneficiaries legal claims to benefits upon the occurrence of insured risks. Therefore, the Federal Insurance Court has jurisdiction to adjudicate the dispute.
The statutory vested termination benefits are unconditionally and mandatorily guaranteed to the employee under both the BVG…