Facts

X AG was affiliated with the Swisscanto Collective Foundation of the Cantonal Banks for mandatory and extra-mandatory occupational pension provision. In 2003, X AG terminated the two affiliation contracts as of the end of December 2003 and switched to PV-Promea. The collective foundations calculated a coverage ratio of 98.5% and a deficit share of CHF 188,914.60 for contract No. y, and a coverage ratio of 96% and a deficit share of CHF 7,018.60 for contract No. z as of December 31, 2003. Furthermore, the collective foundation claimed a correction of double entries in the amount of a total of CHF 130,190.50. X AG filed a lawsuit against the collective foundations, requesting that the additional amounts be transferred to PV-Promea.

Considerations

The Federal Supreme Court decided as follows

  • The authority to deduct deficits proportionately arises directly from the law, regardless of whether a partial liquidation is present or not. The principle of equality before the law requires that the withdrawing insured persons participate in deficits.
  • The coverage ratio is to be calculated for the entire collective foundation, as the…