Facts
This case concerned the reimbursement of unlawfully received supplementary benefits pursuant to a decision of the Zurich District Council. The appellant requested the restoration of the suspensive effect of her appeal against this decision. The cantonal court dismissed this request. The Federal Court now had to decide whether the withdrawal of the suspensive effect of appeals against decisions or objection decisions regarding the reimbursement of unlawfully received supplementary benefits is generally permissible.Considerations
The Federal Court concluded that objections and appeals against decisions on the reimbursement of unlawfully received supplementary benefits have a suspensive effect by law. This results from the legislative history of Art. 97 OASIA, according to which this provision was primarily aimed at the enforcement of contribution claims and the reduction or cancellation of pensions. There are no indications that the legislator also wanted to cover the reclaiming of benefits paid out incorrectly.
Furthermore, the legally provided possibility of waiving the reimbursement speaks against the applicability of Art. 97 OASIA to decisions on the reimbursement of unlawfully…