Facts
The case concerns a dispute between the employee Urs W. and the employee welfare foundation of the company B. AG. Urs W. took up a managerial position at B. AG on April 18, 1988. The employment relationship was terminated as of March 31, 1989. During the contract period, Urs W. was insured with the employee welfare foundation of B. AG.
After the termination of the employment relationship, the employee welfare foundation transferred the termination indemnity of CHF 69,081.35 to Urs W. in April 1989. This amount included the contributions made by the employee plus interest, but not a purchase sum of CHF 27,723.--. This purchase sum had been transferred by the employer to the pension fund based on a special agreement between Urs W. and the employer dated June 28, 1988.
Urs W. then filed a lawsuit with the Insurance Court of the Canton of Basel-Stadt, with the aim of having the employee welfare foundation transfer this purchase sum of CHF 27,723.-- plus interest to his vested benefits account.
Considerations
The Federal Court explains in its reasoning that the legal relationships between the employer, the employee, and the pension fund must be clearly distinguished between the employment contract and the pension contract. The pension contract is primarily subject to the general provisions of the Code of Obligations.
According to the regulations of the employee welfare foundation, a newly joining member over the age of 30 is obliged to pay the actuarially necessary purchase sum. This obligation rests solely with the employee, not the employer.
The agreement between Urs W. and the employer dated June 28, 1988, whereby the employer undertook to assume the purchase sum, constitutes merely a release promise within the meaning of Art. 175…