Admissibility of a change of insurance fund by a public limited company under public law to an association compensation fund

Facts

Kantonsspital X. AG, a public limited company under public law, switched from the cantonal compensation fund to the compensation fund of the Aargau Chamber of Industry and Commerce (AIHK), an inter-professional association. The Old Age and Survivors' Insurance Institution of the Canton of Aargau filed a complaint against this change of insurance fund. The Federal Supreme Court dismissed the complaint and confirmed the admissibility of the change of insurance fund.

Considerations

The Federal Supreme Court stated that although the law does not expressly regulate the change of insurance fund, the Ordinance Issuer, based on its competence to issue implementing regulations, has made a regulation in Art. 121 OASIO. According to this, a change of insurance fund is permissible if the requirements for affiliation to the previous compensation fund no longer apply. Furthermore, another essential interest in the association membership other than the membership in the insurance fund must be proven.

The Federal Supreme Court affirmed such an essential interest of Kantonsspital X. AG in the membership of the AIHK. The AIHK is to be regarded as an inter-professional association within the meaning of Art. 83 para. 3 OASIO, which can establish its own compensation fund pursuant to Art. 64 para. 1 OASIA. Therefore, the requirement of an essential interest cannot be interpreted more strictly than for professional associations. The…