Facts
[A. AG] had been affiliated with the META Collective Foundation for Occupational Pensions since 2007. On 18 June 2012, the employer terminated the affiliation agreement effective 31 December 2012. Meta then informed that due to the underfunding of the pension fund, the available assets were insufficient to finance the minimum statutory termination benefits. The employer insisted on the termination and refused to fully fund the deficit. [A. AG] filed a lawsuit with the aim of having the dissolution of the affiliation agreement as of 31 December 2012 declared and Meta discharged from any claims. Meta filed a counterclaim and demanded that the employer repay the "OPA deficit" of CHF 40,787.30 as well as the termination benefits of CHF 454,721.70 transferred to the new pension fund. The Insurance Court of the Canton of Aargau found that the affiliation agreement was dissolved as of 31 December 2012 and that the employer was not obliged to cover the actuarial deficit at that time. It dismissed the counterclaim.Considerations
The Federal Supreme Court held that the lower court had wrongly entered into the claim for the declaration of the dissolution of the affiliation agreement, as this issue falls within the jurisdiction of the supervisory authority. However, the lower court was competent to assess the claims and counterclaims regarding the full funding of the "OPA deficit" and the reimbursement of restructuring contributions. Since the question of the…