Facts
Walter [S.] was a member of the pension fund of the Swiss National Insurance Company until the end of 1986. On January 1, 1987, he was admitted to the Basellandschaftliche Beamtenversicherungskasse (BVK) as he had taken up a new position at the Basellandschaftliche Cantonal Bank. The vested termination benefit under the BVG amounted to CHF 4,722.60, and that under the OR or the regulations to CHF 24,672.55. According to the BVK regulations, [S.] had to buy back into the pension fund at the age of 30, i.e., on October 10, 1984. The buy-in amount was CHF 13,862.40, which the BVK offset against the CHF 24,672.55 transferred to it by the pension fund. The capital of CHF 10,810.15 not required for the buy-in was credited to the insured person, with the BVK excluding any offset against future premium payments or buy-in amounts in the event of salary increases.
[S.] requested that the amount of CHF 10,810.15 be transferred to a blocked vested benefits account at the Basellandschaftliche Cantonal Bank. The Insurance Court dismissed this request. [S.] then filed an administrative court appeal.
Considerations
The Federal Insurance Court stated that in the mandatory sector, pursuant to Art. 29 para. 1 BVG, the vested termination benefit must be transferred to the new pension institution if the insurance is continued without interruption. This serves to avoid gaps in insurance coverage and to ensure that the benefits of the pension institution meet the mandatory requirements.
For the further area of occupational pension provision, Art. 331c OR applies. Here, the insured person has the right to choose…