Facts
The Foundation X. in Liquidation (formerly the Pension Fund of Companies Y.) aimed to provide voluntary insurance coverage for the employees of the company as well as their dependents and survivors. On February 26, 2008, the Supervisory Authority for Occupational Pensions and Foundations of Eastern Switzerland ordered the immediate suspension of the remaining Foundation Council and the immediate liquidation of the Foundation, as there was no longer sufficient guarantee for proper management.
On June 30, 2010, the Supervisory Authority approved the distribution plan, which provided that the existing foundation assets of CHF 2,696,400.- would be divided equally between the active insured persons and the pension beneficiaries and their survivors with more than three years of service as of the cut-off date of May 1, 2010, in proportion to their years of service. Lump-sum recipients of retirement benefits were not considered.
C., S., P., and B. filed a complaint against the approval of the distribution plan with the Federal Administrative Court. The court annulled the approval decision and referred the matter back to the Supervisory Authority to draw up a new distribution plan taking into account B. and P. as active insured persons.
Considerations
The Federal Supreme Court decided that the cut-off date for determining the affected beneficiaries should be set at January 1, 2010. At that time, P. was still employed by the founding company, while C., S., and B. had already retired.
The Federal Supreme…