Kernrechtsfrage
Whether the foundation could rely on unadapted actuarial calculation rules for vested benefits after 1 January 1995.
Extrahierter Entscheid
No. From 1 January 1995, a mere request by the employer could not suffice to change the actuarial rules used to determine the present value of vested benefits.
Extrahierte Begründung
The court held that Art. 16 para. 6 LFLP required the actuarial basis for current-value calculations to comply with the law. Parliamentary debates showed that Art. 27 para. 2 LFLP granted a five-year transitional period only for the formal adaptation of regulations containing those rules, not for their substantive adaptation, which was reserved to the parity bodies of the pension institutions from the entry into force of the LFLP.