Appropriateness of the Vested Benefit upon Withdrawal from the Federal Insurance Fund (EVK)

Facts

The appellant left federal service and thus also the EVK at the end of December 1985. The amount of the vested benefit was therefore to be assessed according to the old EVK statutes of September 29, 1950.

Initially, it was disputed whether the EVK had rightly taken into account nine full contribution years. The Federal Insurance Court concluded that it is the effective years of membership, in which contributions were paid, that are relevant, and not periods of partial calendar years.

Based on nine full contribution years, a vested benefit of CHF 137,408.05 was calculated, which consisted of the appellant's own contributions, the purchase sum paid, and a 20% supplement.

Considerations

The main question was whether this vested benefit represented an appropriate portion of the actuarial reserve within the meaning of Art. 331b para. 2 CO.

The Federal Insurance Court concluded that after deducting the actuarial deficit of around 30% from the actuarial reserve of CHF 493,617, an amount of CHF 343,064 remained. Since the appellant received more than one-third of this amount with CHF 137,408.05, the vested benefit was considered appropriate.