Payment of the disability pension on the first business day of the month

Facts

P., a recipient of a disability pension, approached the Compensation Fund of the Canton of Zurich to request that her pension be paid in a way that it is credited to her account on the first business day of the month. The Compensation Fund and the Social Insurance Court of the Canton of Zurich rejected her request. P. then appealed to the Federal Social Insurance Court.

Considerations

The Federal Social Insurance Court considers that P. has a legitimate interest in having the payment of her disability pension brought forward from the 5th-7th business day to the first business day of the month. However, it considers that the regulation of Art. 72 OASIO, which provides that compensation funds give payment orders to the post office or bank so that payment can be made by the 20th day of the month, is not contrary to Art. 44 para. 1 OASIA which states that pensions are paid "as a rule, monthly and in advance".

The Federal Court considers that the legislator has conferred a wide…