Facts
The case concerns the attachment of the vested pension benefits of an employee who has definitively left Switzerland. Employee [S.] had terminated his employment with the City of Zurich at the end of November 1989 and returned to Spain. On May 14, 1990, he telephonically requested the pension fund of the City of Zurich to pay out his vested pension benefits in cash.
On March 6, 1992, creditor X. obtained a writ of attachment against [S.] from the single judge in summary proceedings at the District Court of Zurich. The object of the attachment was S.'s credit balance with the pension fund of the City of Zurich. The Debt Collection Office Zurich 4 executed the attachment on March 9, 1992, whereupon the pension fund stated that the vested pension benefits were not due and therefore could not be seized or attached according to Art. 92 para. 13 DEBA.
Considerations
The Federal Supreme Court reached the following conclusion
If an employee who is definitively leaving Switzerland makes an express request for the payout of his vested pension benefits, his credit balance becomes due and can subsequently be seized and attached. The withdrawal request is not subject to any statutory formal requirements, so that even a telephone declaration triggers the due date of the vested pension credit.
The appellant argued that increased requirements should be placed on the withdrawal request and that a telephone call from abroad does not meet these…