Refusal of the right to a vested benefit when the insured has reached the age of early retirement

Facts

The dispute opposes [G.] to the Pension Fund X SA and the Administrative Court of the Canton of Berne. [G.] worked for the Pension Fund X SA until the age of 63 years and 7 months, at which time his employment contract was terminated. The Pension Fund then granted him a monthly old-age pension, in accordance with its regulations which provide for the right to an old-age pension from the age of 60. [G.] contested this decision and requested the payment of a vested benefit to the 2nd Pillar Vested Benefits Foundation Bank Y, based on Art. 2 para. 1 VBA.

Considerations

According to the case law prior to the entry into force of the VBA, the right to the vested benefit must be denied when the termination of the employment relationship occurs at an age at which the insured can, by virtue of the provisions of the pension fund regulations, claim old-age benefits in the form of early retirement. If the regulations of the pension fund provide for the possibility of early retirement, the insurance case arises not when the insured reaches the age limit of 65, but as soon as he reaches the regulatory age for early retirement.

Although this case law has been the subject of criticism, the Federal Insurance Court has confirmed it in subsequent rulings.

According to the Federal Court, the entry into force of the VBA did not bring about any substantial changes to this situation.…