Facts
The Aargau Pension Fund (APK) is an independent public-law institution that, within the framework of federal law, insures the members of the High Court, the employees and civil servants of the canton and its independent institutions, as well as the employees of the municipalities whose salaries are paid directly by the canton, against the economic consequences of old age, death and disability. Against the background of a full funding by the Canton of Aargau with a transition to the contribution principle as of January 1, 2008, the Board of Directors of the APK adopted regulations on the implementation of a partial liquidation on August 27, 2008. On October 17, 2008, the Office for Occupational Pensions and Foundation Supervision of the Canton of Aargau (supervisory authority) approved these partial liquidation regulations. Several employers affiliated until the end of December 2007 as well as individual active insured persons and pensioners of the APK up to that point in time filed a complaint against the approval of the partial liquidation regulations. The FSCA dismissed the complaint, as it denied the complainants' standing. The complainants then filed a public law appeal with the SFC.Considerations
The SFC decided as follows: - The approval of the partial liquidation regulations by the supervisory authority is to be qualified as a decision within the meaning of Art. 5 APA and not as a legislative act (legal norm). The supervisory authority has only to exercise a preventive control, without itself participating in the enactment of the regulations. - The standing of employers and…