Facts
The case concerns the distribution of the free assets of the Allgemeine Pensionskasse der SAirGroup (APK) after a partial liquidation at the end of 2003. The APK collectively transferred the free assets to the Personalvorsorge Gate Gourmet Switzerland (PGG), where a portion of the APK's insured members had transferred. The PGG distributed a portion of the assets individually to the transferred insured members and retained the remainder as a fluctuation reserve. The appellant, who had transferred to the PGG, demanded that his entire share of the free assets be credited to him individually.Considerations
The Federal Supreme Court decided that the question of the use of the free assets transferred by the APK to the PGG is not within the jurisdiction of the Occupational Pensions Court, but rather the supervisory authority. The use of the free assets by the Board of…