Assumption of pension recipients by the new pension institution upon change of employer

Facts

Spitex Basel, Foundation for Home Help and Care (employer), had concluded an affiliation agreement with the OPA collective foundation of the Rentenanstalt (collective foundation). The employer terminated this contract in order to join the Veska Pension Fund H+ (new pension institution) with effect from 1 January 2000. A dispute arose as to whether the pension recipients should remain with the collective foundation or be taken over by the new pension institution.

Considerations

The Federal Supreme Court decided that the pension recipients are affected by the change of affiliation and must be taken over by the new pension institution. This results from the totality of the contractual bases - affiliation contract, pension contracts, group insurance contract and General Insurance Conditions (AVB) - which form a coordinated whole. Upon termination of the affiliation contract, the group insurance contract and the pension recipients covered by it also lapse. The consent of the parity body to the termination of the affiliation contract also covers the pension recipients, even if they have no own representatives there. Within the pension…