Administrative decision in the field of OASI/DI issued with electronic procedures - Requirement of signature

Facts

The case concerns the appeal of Chotas against the Compensation Fund of the Canton of Ticino and the Insurance Court of the Canton of Ticino regarding the lack of signature on the administrative decisions in the field of OASI/DI issued with the aid of electronic data processing. The Federal Court had to examine whether the signature is a requirement for the validity of such administrative decisions.

Considerations

According to the case law of the Federal Court, in principle the signature is not a requirement for the validity of administrative decisions drawn up in writing in accordance with the legal provisions, unless the law itself expressly requires the signature of the authority issuing the act.

The Old Age and Survivors' Insurance Act (OASI) prescribes that the decisions of the compensation funds relating to claims or debts of the insured persons or of the persons liable for the payment of contributions must be issued in the form of a written decision. However, the directives issued by the Federal Social Insurance Office provide that the signature may be omitted when the decisions relating to the allocation of insurance benefits are compiled with…