Obligation to contribute of a person without gainful employment when their spouse engaged in gainful employment is entitled to an old-age pension

Facts

In this case, the applicant, a person without gainful employment, contested the obligation to pay contributions to the Old-Age and Survivors' Insurance (OASIA) while her husband, who is engaged in gainful employment, is receiving an old-age pension. The Compensation Fund of the Canton of Solothurn and the Insurance Court of the Canton of Solothurn rejected the applicant's request. She then appealed to the Federal Social Insurance Court.

Considerations

The Federal Social Insurance Court considered that, according to a literal interpretation of Art. 3 para. 3 let. a OASIA, the personal contributions of a person without gainful employment are deemed to be paid when their spouse engaged in gainful employment has paid contributions of at least double the minimum amount (CHF 324). However, this interpretation does not take into account the fact that, in accordance with Art. 29quinquies para. 3 let. a and para. 4 let. a OASIA, the contributory income received by the spouse who is the beneficiary of the old-age pension is not subject to splitting and reciprocal imputation by half ("splitting"). If the contributions of the person without gainful employment were deemed to be paid, she would indeed be credited with the corresponding years as contribution years within the meaning of Art. 29ter para. 2 let. b OASIA. However, no professional income entitling to a pension could be credited to her through the splitting of the income earned by the other spouse, in accordance with Art. 29quater let. a OASIA. This would not correspond to the objective pursued by the…