Facts
Z. is a German national without residence in Switzerland. Since 2009, she has been working for the association X., a Swiss aid organization, as the head of a project to strengthen the social position of women in East Africa. The Compensation Fund Basel-Stadt rejected compulsory OASIA insurance for Z. Both the association and Z. filed a complaint against this. The Social Insurance Court of the Canton of Basel-Stadt upheld the complaint and obliged the Compensation Fund to insure Z. compulsorily in the OASIA. The Federal Social Insurance Office (BSV) then filed an appeal in public law matters with the Federal Supreme Court.Considerations
The Federal Supreme Court overturned the decision of the lower court. It concluded that Z. is not compulsorily insured in the Swiss OASIA during her assignment in East Africa. According to Art. 1a para. 1 OASIA, only persons with residence in Switzerland or Swiss citizens working abroad are compulsorily insured. Z. does not meet these requirements, as she has neither residence nor Swiss nationality.
The Agreement on the Free Movement of Persons between Switzerland and the EU and Regulation (EEC) No 1408/71 on the coordination of social security systems do not lead to equal treatment of Z. with Swiss nationals. This is because Z. has demonstrably…