Facts
The dispute concerns the question of whether the substitute occupational pension institution (OPA) has a legal obligation, pursuant to Art. 47(1) OPA, to ensure the maintenance of the occupational pension provision of the appellants, beneficiaries of the Foundation for Early Retirement in the main construction sector (FAR Foundation), from the age of 60 until the legal retirement age. The appellants, A. and B., had received benefits from the FAR Foundation from the age of 60, after terminating their professional activity. As their former pension institution did not offer the continuation of the insurance relationship after the termination of the employment contract, they requested the maintenance of their occupational pension provision without risk insurance from the substitute institution, which was refused.Considerations
The Federal Tribunal partially upheld the appeal. It considered that Art. 47(1) OPA can apply to an insured person who has already reached the age of 58, and that its application is not limited in time to a period of two years. The insured person who, after reaching the age of 58, ceases to be subject to compulsory insurance due to the dissolution of the employment relationship by themselves can maintain their…