Facts
The dispute concerns the method of calculating the contributions owed by R., a non-active person, for the year 1998 during which his spouse passed away. According to the compensation fund and the Federal Social Insurance Office (OFAS), the contributions must be calculated based on R.'s individual assets and pension income for the entire year 1998. In contrast, the cantonal court and the respondent consider that the contributions for January and February 1998 (during the marriage) must be calculated based on half the couple's assets and pension income, and that from March 1998 (after the death), the contributions must be calculated based on R.'s individual assets and pension income.Considerations
The Federal Insurance Court considers that the OFAS directives (Rz 2064 and 2069.1) which provide that the contributions of non-active persons must be calculated based on individual assets and pension income for the entire year of the change in marital status are contrary to Art. 28(4) OASIO. This provision stipulates that the contributions of non-active married persons must be calculated based on half the couple's assets and pension income. The dissolution of a marriage by divorce or death must be equated with…