Facts
- A., born in 1966, is insured with the pension fund comPlan for occupational pension provision. In 2003, she requested an advance withdrawal of CHF 60,000 from her pension funds to finance the purchase of an owner-occupied apartment. - In 2016, comPlan found that A. no longer lived in this apartment, but had rented it out. comPlan therefore demanded the repayment of the advance withdrawal, on the grounds that the condition of personal use was no longer met. - The Administrative Court of the Canton of Bern rejected comPlan's request. comPlan appealed this decision to the Federal Supreme Court.Considerations
- According to Art. 30d para. 1 let. b OPA, the advance withdrawal must be repaid if rights to the owner-occupied dwelling are granted, which are economically equivalent to an alienation. However, the rental of an owner-occupied apartment through an indefinite, terminable lease agreement does not constitute the granting of such rights. It is merely an obligation to provide the property for remuneration, which does not permanently modify or encumber the right of ownership. - Although the insured person must use the owner-occupied dwelling for their own needs in order to request the advance withdrawal, the fact of no longer personally occupying it does not…