Facts
The Federal Social Insurance Office filed a complaint against the Winterthur Pension Fund for the Personnel concerning [R.] and the Social Insurance Court of the Canton of Zurich. The issue was whether [R.] had a claim to a withdrawal benefit upon his departure from the pension fund at the age of 60 or if he only had a claim to the regulatory retirement benefits. The Federal Supreme Court had to decide whether the previous case law according to ATF 120 V 306, according to which there is no longer any entitlement to a withdrawal benefit upon reaching the regulatory retirement age for early retirement, also remains valid under the scope of the Vested Benefits Act (FZG).Considerations
The Federal Supreme Court concluded that according to the clear wording of Art. 2 para. 1 FZG, there is only an entitlement to a withdrawal benefit if an insured person leaves the pension fund before reaching the regulatory retirement age. From this clear wording, a deviation may only be made exceptionally if there are compelling reasons to assume that the wording does not reflect the true meaning of the provision. The Court did not see such reasons here.
The Federal Supreme Court therefore upheld its previous case law according to ATF 120 V 306, according to which there is no longer any entitlement to a withdrawal benefit upon reaching the regulatory retirement age for early retirement. Since the regulations of the respondent do not make the early retirement dependent on a declaration of intent by the…