Liability of Cantonal Supervisory Authorities in Case of Insolvency of a Pension Fund

Facts

The Guarantee Fund Foundation (LPP) has filed a lawsuit against the Canton of Solothurn, as the supervisory authority for pension funds, to obtain reimbursement of the benefits it had to pay following the insolvency of the pension fund of company H. AG. The Insurance Court of the Canton of Solothurn ruled that the Canton was passively legitimized. The Canton has appealed against this decision.

Considerations

The DFC considers that Art. 56a para. 1 OPA constitutes the legal basis for the liability of persons who are not covered by the liability regime of Art. 52 OPA and who are responsible for the insolvency of the pension fund, as well as the right of recourse of the Guarantee Fund against the same circle of persons. As supervisory…