Decision on the cash payment of the vested termination benefit of an insured person who has definitively left Switzerland

Facts

Bank X. requested the seizure of the amount of the vested termination benefit due to Z. from Pension Fund Y., following Z.'s definitive departure abroad. Pension Fund Y. contested this measure, arguing that the benefit was not due as long as Z. had not expressly requested cash payment, in accordance with Art. 30 para. 2 OPA. The Debt Collection Office then found the claim to be exempt from seizure under Art. 92 no. 13 DEBA. Bank X. appealed this decision to the Bankruptcy and Debt Collection Chamber of the Federal Supreme Court.

Considerations

The Court dismissed the appeal. It considered that, according to established case law, the vested termination benefit becomes due upon dissolution of the pension relationship, but is not yet due within the meaning of Art. 92 no. 13 DEBA. This provision aims to maintain the protection offered by pension institutions until the occurrence of death or disability.

Regarding cash payment in the event of definitive departure abroad, the Court noted that this is subject to an express request by the…