Dismissal of the appeal against the partial liquidation of the pension fund of X.________ Treuhand AG

Facts

The appellant [A.] was a former employee of [X.] Treuhand AG and a member of its pension fund. In the course of 1997, two business units of [X.] Treuhand AG were spun off, which led to the withdrawal of a total of ten insured persons from the pension fund. The supervisory authority then approved a distribution plan for the partial liquidation of these ten insured persons.

[A.] and another former employee challenged this decision. However, the Federal Complaints Commission largely dismissed the appeal and found that no new partial liquidation event had occurred between 1997 and 1999. [A.] appealed this decision to the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that [A.] , as a voluntarily departed employee, had no claim to a share of the pension fund's free assets. There was also no significant reduction in the workforce or corporate restructuring that would have justified a partial liquidation.…