Facts
The insured Margreth Heim became entitled to an old-age pension as of December 1972. The compensation fund initially granted her an ordinary simple old-age pension, which was later converted into a higher extraordinary pension. The insured filed a complaint and requested the granting of an ordinary full pension without reduction due to missing contribution years. The lower instance dismissed the complaint, as the contributions for the years 1948 to 1956 could no longer be claimed due to the statute of limitations provision in Art. 16 para. 1 AHVG, regardless of whether incorrect information had been provided. The insured then filed an administrative court appeal.Considerations
1. The Federal Insurance Court states that according to Art. 16 para. 1 AHVG, contributions that are not claimed within 5 years after the end of the calendar year for which they are owed can no longer be demanded or paid. This deadline has the effect of forfeiture, i.e., the contribution debt expires completely upon its expiration. 2. The appellant relies on the principle of good faith, as she had inquired about her contribution obligation at the AHV branch office in the years 1948 to 1950 and had been informed that, due to the lack of income, she was not subject to the contribution obligation. The court states that while these conditions may have been met, the appellant should have realized at the latest in 1961 when the contributions were claimed that she had been erroneously treated as not subject to the contribution obligation. Therefore, she can no longer invoke the principle of good faith in the…