Lump-sum payment of the termination benefit without the spouse's consent

Facts

H., born in 1952, worked at Bank X. from July 1, 1986 to January 31, 1996 and was thus insured with the Pension Foundation for the Personnel of Bank X. (Pension Foundation) for occupational pension purposes. On November 20, 1996, he submitted a request for a lump-sum payment of the termination benefit due to the commencement of self-employment. The request contained a signature that was attributed to his wife M. and by which she declared her consent to the lump-sum payment. On November 28, 1996, the Pension Foundation transferred the termination benefit of a total of CHF 226,480.20 to an account of H. After H.'s death on November 10, 1998, M. declared that the signature was not hers and that the joint household had been dissolved as of May 1, 1996. The Pension Foundation then denied any obligation to provide benefits.

Considerations

The Federal Supreme Court states that the social insurance courts are competent to assess whether a valid lump-sum payment by the pension institution has been made during the marriage. The termination benefits are claims arising from pension relationships that are subject to the Vested Benefits Act (FZG).

According to the concept of occupational pension, the pension protection is to be maintained throughout the entire period of activity of an insured person. A lump-sum payment of the termination benefit is only possible in the cases mentioned in Art. 5 para. 1 FZG. In the case of married beneficiaries, the lump-sum payment is only permissible if the spouse gives written consent (Art. 5 para. 2 FZG).

Since in the present case the signature of the wife on…