Facts

On 25 February 1999, W. (born 1943) requested the payout of her occupational pension vested benefits, as she intended to permanently relocate her residence to Italy. The pension institution refused a cash payout, as W. could not provide a deregistration confirmation from the authorities of her Swiss place of residence. W. had requested such a confirmation from the municipal administration of Olten, but they refused to issue the corresponding document. The resident registration office justified its position with tax debts of W. amounting to over CHF 20,000. Thereupon, W. appealed to the Cantonal Government of Solothurn, which, however, dismissed her complaint.

Considerations

The DFC ruled that the refusal to issue a deregistration confirmation due to outstanding tax debts is arbitrary. The resident registration office is obliged to confirm…