Facts
F., born in 1969, was employed by the Canton of Schwyz and insured under the pension fund of the Canton of Schwyz for occupational pension until June 30, 2009. Since July 1, 2009, she has been working at 60% for X. AG. On July 31, 2009, her vested termination benefit in the amount of CHF 100,528.95 was transferred to the pension fund of the new employer, the Pension Fund of Ascoop (Pension Fund of the Personnel of Swiss Transport Companies).
Effective December 31, 2009, X. AG terminated the affiliation contract for its personnel with the Pension Fund of Ascoop. Since January 1, 2010, it has been affiliated with the Helvetia Collective Foundation for the implementation of occupational pension. The Pension Fund of Ascoop transferred a reduced vested termination benefit of CHF 92,745.10 to the Helvetia Collective Foundation due to underfunding. The vested termination benefit was increased by CHF 3,493.10 from a risk fluctuation fund, so that as of May 1, 2010, a credit balance of CHF 96,238.20 existed. F. and the Pension Fund of Ascoop disagreed in the subsequent correspondence about the amount of the vested termination benefit.
On December 13, 2010, the Federal Social Insurance Office (BSV) ordered the liquidation of the Pension Fund of Ascoop.
Considerations
The Federal Supreme Court held that in the event of a partial liquidation of an underfunded pension fund, actuarial deficits may be deducted proportionately in accordance with Art. 53d para. 3 BVG, provided that the retirement assets (Art. 15 BVG) are not reduced. The deduction generally refers to the full vested termination benefit and not only to the accumulated coverage capital…