Facts
The General Pension Fund of the SAirGroup (APK) is a foundation that manages the occupational pension provision for the personnel of the former SAirGroup and its subsidiaries. After the collapse of Swissair and the SAirGroup, practically all active insured persons withdrew from the pension fund between October 2001 and December 2003. The Board of Trustees of the APK then decided on a partial liquidation as of 31 December 2003.
Several insured persons and an interest group filed a complaint against the approval of the distribution plan by the supervisory authority. The Federal Administrative Court partially upheld the complaints and referred the matter back to the supervisory authority so that it could re-examine the distribution plan taking into account the court's considerations.
The APK appealed against these judgments to the Federal Supreme Court in public law matters.
Considerations
The Federal Supreme Court upholds the appeals of the APK and confirms the decision of the supervisory authority of 12 October 2005 to approve the distribution plan.
The court states that the supervisory authority, in approving the distribution plan, is only required to carry out a legal review, not an appropriateness review. The distribution plan provides for the free funds of the collectively transferring insured persons to be transferred…