Facts
On 1 May 2000, S. sold various business units to P. As part of this restructuring, 192 of 374 active insured persons of S.'s pension fund transferred to the P. pension fund, while all 650 pension recipients remained with S.'s pension fund. The Office for Occupational Pensions and Foundation Supervision of the Canton of Zug determined that the requirements for a partial liquidation were met and approved the submitted division plan. A number of former insured persons of S.'s pension fund opposed the approval decision, arguing that the distribution plan unjustly favoured the continuation (i.e., those insured persons who remained in S.'s pension fund). The Federal Supreme Court dismissed the appeal.Considerations
The Federal Supreme Court stated that in the case of a partial liquidation of a pension fund, the interest in the continuation of the fund, as well as the principle of equal treatment, must be observed. The interest in the continuation aims to maintain the pension provision of the remaining beneficiaries within the previous framework and serves to preserve the pension protection. The principle of equal treatment requires that the pension assets follow the former beneficiaries and that individual groups of insured persons do not benefit at the expense of others. These two principles are of equal value and must be given equal consideration in the partial liquidation. The…