Facts
B. GmbH was registered in the Commercial Register from November 2001 to March 2016 and was deleted ex officio after bankruptcy proceedings. From January 1, 2002, it was affiliated with the occupational pension fund A. (pension fund). The company paid the due BVG contributions until December 31, 2003. In 2008, the pension fund transferred the retirement assets of the managing director and shareholder C. to the Substitute Occupational Benefit Institution (Stiftung Auffangeinrichtung BVG). With invoices dated October and December 2014, the pension fund demanded BVG contributions from the company for the years 2009 to 2013. In February 2016, the pension fund received a bankruptcy dividend for outstanding BVG contributions. On March 16, 2016, the pension fund applied to the Security Fund BVG Foundation (Stiftung Sicherheitsfonds BVG) for the securing of statutory benefits in the amount of a total of CHF 50,514.96 due to insolvency. The Security Fund affirmed its obligation to provide benefits for the employees of the company in the amount of CHF 6,605.35, but rejected the securing of benefits for C. due to abusive claim.Considerations
The Federal Supreme Court finds that the insured persons affiliated with the same affiliation contract form a pension fund within the meaning of Art. 56 para. 3 BVG. Therefore, a pension fund can also apply to the Security Fund BVG for the securing of benefits for an insolvent group of insured persons.
With regard to the abusive claim of benefits from the Security Fund under Art. 56 para. 5 BVG, the Federal Supreme Court…