Rejection of the forfeiture of the right to a pension in the event of the exclusion of a member from the cooperative pension fund

Facts

Lukas Lederer, a German national, had been a member of the Swiss Lithographers' Union (SLB) since 1903, with the exception of the years 1908/09. The SLB manages a cooperative pension fund, the General Assistance Institution of the SLB (AUI), the membership of which is compulsory for members of the SLB. In 1945, Lederer was expelled from Switzerland due to his membership in the Nazi party and his activities as an informant. The delegation of the SLB and the AUI then decided that members expelled by the authorities would lose all their rights with the assistance institution. Based on this decision, the AUI refused to continue paying the pension to Lederer. Lederer then brought legal action to obtain the payment of the pensions due since 1945 and the payment of the lifelong pension.

Considerations

1. The right to a pension is not a right to the social capital of the cooperative within the meaning of Art. 864 CO, but an independent claim arising from the insurance relationship linked to the membership in the SLB. This claim, which arises with the occurrence of the insured event, retains its independent character even in the event of loss of membership. 2. The statutory clauses providing for the forfeiture of the right to a pension in the event of exclusion do not constitute contractual penalties within the meaning of Art. 160 et seq. CO. 3. These forfeiture clauses must be considered null and void as they are contrary to public policy (Art. 19 and 20 CO): - They…