Facts
This decision concerns a dispute between the Compensation Fund of the Canton of Zurich and the heirs of Schrepfer regarding the recovery of outstanding OASI contributions. The Compensation Fund did not file its contribution claim in the probate procedure opened after Schrepfer's death. The question is whether this claim can still be offset against the survivors' pensions paid to the widow and children.Considerations
The Federal Tribunal considers that the Compensation Fund was obliged to file its contribution claim in the probate procedure, but that it has failed to do so in a culpable manner. Consequently, the claim is extinguished and can no longer be offset against the survivors' benefits under Art. 20(2) OASIA. Indeed, a claim that has not been reported within the framework of the probate procedure is extinguished and does not even subsist as a natural obligation. Therefore, it can no longer be offset against the survivors' pensions, in contrast to cases where the claim…