Facts

T. registered with the Vaud Cantonal Compensation Fund for Old-Age and Survivors' Insurance (CCVC) in December 2008 as an independent commodities trader. The CCVC initially recognized T. as an employed person whose employer was not subject to contributions. T. contested this decision before the Vaud Cantonal Court, Social Insurance Court, concluding that his status as an independent person should be recognized. The parties ultimately concluded a settlement agreement through which the CCVC recognized T.'s status as an independent person for the years 2008 to 2011. The Federal Social Insurance Office (OFAS) appealed against this judgment endorsing the settlement agreement.

Considerations

The Federal Tribunal dismissed OFAS's appeal. It considered that the settlement agreement regarding the AHV contribution status was in accordance with Art. 50 GSSLA. Although the contribution status allows the contribution due to be determined, these two elements are not to be confused. The determination of status leaves a wide margin of discretion to the authorities, unlike the determination of the contribution, which is governed by very strict legal rules. Moreover, the judicial nature of the settlement agreement excludes…