Facts
L., born in 1956, had been insured for occupational pension benefits with the pension fund comPlan since 2005. At the end of 2008, comPlan had an underfunding (coverage ratio of 93.9%). On November 27, 2009, the Foundation Board decided not to pay interest on the retirement assets of insured persons who leave the pension fund in 2010. At the end of 2009, comPlan had a coverage ratio of 101% again.
L. left comPlan on November 30, 2010. His retirement assets remained unremunerated from January to November 2010. L. filed a lawsuit and requested that his retirement assets in the year of withdrawal 2010 be credited with interest at 2.25% pro rata until November 30, 2010.
The Federal Court dismissed the appeal. It affirmed the admissibility of a zero interest rate according to the imputation principle in the event of overfunding, as this is a measure that affects only the active insured and the crediting of interest on the retirement capital is in principle one of the obligations of the pension fund.
Considerations
The Federal Court stated that the imputation principle is also applicable on the capital side. A zero interest rate according to the imputation principle in the event of overfunding is generally permissible, as there is only one single regulatory retirement asset in an encompassing pension fund. A violation of vested rights can be excluded, as the previously acquired balance of the regulatory assets continues to be guaranteed.
However, the zero interest rate according to the imputation principle is subject to…