Confirmation of the Supervisory Measures against Pension Fund X.________

Facts

Pension Fund [X.] , a cooperative domiciled in Zurich that participates in the mandatory occupational pension scheme, was subjected to an examination by the Federal Social Insurance Office based on information from the insured circle. The Federal Office then ordered various supervisory measures to remedy deficiencies in the administration and use of the pension assets. The pension fund filed a complaint against this decision, which was dismissed by the Federal Complaints Commission for Occupational Old-Age, Survivors' and Disability Pension Provision. The pension fund filed an administrative court appeal against this decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court confirmed the legality of the measures ordered by the Federal Office. It found that the pension fund had violated its duty to use the pension assets for their intended purpose and to manage them with due care, in particular through disproportionately high administrative costs. The Federal Supreme Court considered it permissible to oblige the pension fund to issue regulatory provisions to…