Facts
[A.], born in 1975, is an employee of the Swiss Federal Railways (SBB). He is the father of a daughter (B.) born in 2002 from his first marriage. For his daughter born in February 2012 from his second marriage (C.), he applied for the payment of family allowances. By decision of November 7, 2012, the SBB set A.'s entitlement to CHF 205.- per month as of February 1, 2012. The Federal Administrative Court dismissed the appeal filed against this decision.
[A.] then filed an appeal in public law matters with the Federal Supreme Court and requested that the SBB be ordered, upon annulment of the contested decision, to pay the difference between the granted child allowances of CHF 2,460.- per year and the child allowances he is entitled to in the amount of CHF 3,840.- per year, plus 5% interest from March 1, 2012.
Considerations
The Federal Supreme Court states that the child and education allowances under the SBB Collective Bargaining Agreement (GAV SBB) are not family allowances within the meaning of the Family Allowances Act (FamZG), but rather other benefits. The entitlement to child allowances is linked to the employment relationship with the SBB.
The Federal Supreme Court concludes that the…