Facts
[A.], born in 1961, was insured for occupational pension benefits by the Collective Foundation LPP of the Rentenanstalt since 1985. In 1995, Mr. [A.] transferred the vested benefits from his previous employer to this foundation, but this amount of CHF 127,498.25 was erroneously credited to A.'s account. In 1997, [A.] withdrew CHF 125,402.80 from his pension assets to purchase a residential property. In 1998, the foundation became aware of its error and requested [A.] to refund the amount paid in error. Failing to reach an agreement, it filed an action against [A.] in 2000.
Considerations
According to case law, the obligation to refund occupational pension benefits paid in error is governed by Art. 62 et seq. of the Swiss Code of Obligations (CO). The one-year limitation period under Art. 67 CO began to run on March 16, 1998, the date on which the foundation became aware of its error. The correction made by the foundation to restore the legal situation is therefore not subject to the rules on the restitution of undue payments.
However, the amount paid to [A.] in 1997 for the acquisition of a residential property exceeded his legal old-age pension assets. [A.] has therefore been unjustly enriched at the expense of the foundation, without the acquisition of real estate fundamentally changing the situation. A.'s good…