Facts
[A.], born in 1957, has received a full disability pension from the Disability Insurance (IV) since 1 February 2013. The pension fund responsible for her pension plan, Pension Fund B., declared a withdrawal from the supplementary pension plan, as [A.] had concealed that she had already been incapacitated for work for several months in 2010 and was under medical treatment. [A.] filed a lawsuit with the Social Insurance Court of the Canton of Basel-Stadt to have the entire vested benefit taken into account in the calculation of her OPA pension. The court dismissed the lawsuit. [A.] appealed to the Federal Supreme Court.Considerations
The Federal Supreme Court upholds the appeal. It states that according to the case law (BGE 130 V 9), the withdrawal from the supplementary pension plan only affects the newly built-up supplementary pension assets, but not the vested benefit acquired from the previous pension fund. Art. 14 para. 1 FZG secures the supplementary pension protection to the extent of the vested benefits contributed, so that no new reservation may be placed on it. This also excludes a retroactive reservation and a related withdrawal. The vested benefit contributed must therefore…