Facts
Henri Chramoy, a Swiss national domiciled in Bern, left Switzerland in February 1969 to settle in Israel in March 1969. On 11 October 1970, he submitted an application for voluntary enrolment in the Old Age and Survivors' Insurance (AHV/AVS) for Swiss nationals residing abroad. The Swiss Compensation Fund rejected his application on 10 December 1970, on the grounds that he had not registered within the one-year period following the end of his compulsory insurance.
Chramoy appealed, arguing that the Swiss representation in Tel Aviv had not informed him in June 1969 of the obligation to register within one year to join the voluntary insurance. The Appeals Commission for Persons Abroad rejected his appeal on 20 April 1971.
Considerations
According to the OASIA, Swiss citizens residing abroad who are not compulsorily insured can insure themselves voluntarily, provided they have not exceeded the age of 40. Those who leave compulsory insurance have the right to continue insurance voluntarily, without age limit.
The Federal Council has regulated the conditions for joining voluntary insurance in the VOASIO. According to Art. 10(1) VOASIO, Swiss nationals abroad can declare their enrolment within one year of the end of their compulsory insurance, without age limit. Art. 11 VOASIO provides that compensation funds may, upon request, extend this deadline by a maximum of one year in case of extraordinary circumstances beyond the control of the…