Attachment of a vested termination benefit paid in cash by a pension fund

Facts

In this case, the creditors I. Inc. and F. Inc. had obtained a garnishment order against M.F. The attachment concerned, in particular, the vested termination benefit that M.F. was to receive from the Columna Sammelstiftung of the Swiss Cantonal Bank. M.F. contested this garnishment, arguing that his vested termination benefit was not subject to attachment.

Considerations

The Court first recalled that the attachability of property seized by way of garnishment follows the same rules as attachability by way of seizure (Art. 275 DEBA). It then found that M.F.'s vested termination benefit was due at the time of the garnishment, as the employment contract had ended on 31 October 1991. Regarding the attachability of this benefit, the Court held, based on its recent case law (ATF 117 III 20 et seq.), that the cash payment of a vested termination benefit to a worker who has become self-employed is neither unattachable under Art. 92 para. 13 DEBA, nor only partially attachable under Art. 93 DEBA. Indeed, once paid, this benefit no longer serves the purpose of pension provision, but is an integral…