Facts
B., born on 10 August 1939, was insured under the occupational pension scheme with the Collective Foundation Y. and later with the Collective Foundation X. in liquidation since 1974. After his departure from the pension fund, B. demanded the transfer of his pension assets to his new pension fund. The Collective Foundation X. in liquidation filed a counterclaim and asserted compensation claims against B. The Administrative Court of the Canton of Bern decided that a portion of B.'s pension assets could be offset against the compensation claims of the Collective Foundation, while another portion could not be offset.Considerations
The Federal Supreme Court confirmed that the advance payments made by the OPA Guarantee Fund to the Collective Foundation X. in liquidation do not exclude the latter's legitimacy to assert compensation claims pursuant to Art. 52 OPA. The provision of advances by the Guarantee Fund primarily serves social policy purposes and is intended to ensure the prompt payment of pension benefits, without relieving the pension fund of its liability claims.
In principle, offsetting of B.'s vested benefits against the compensation claims of the Collective Foundation X. in liquidation is not permissible, as this would contradict the purpose of pension protection. However, offsetting is exceptionally possible to the extent that the assets were not accumulated in accordance with the provisions of the occupational pension scheme.
B.'s divorced spouse cannot rely on her own claim to the portion of the…