Kernrechtsfrage
Whether the repayment claim for pensions paid from 1 February 2010 to 31 January 2012 was time-barred.
Extrahierter Entscheid
Yes. In light of the criminal proceedings and the absence of proven intent, the longer criminal limitation period did not apply; the repayment claim for that period was time-barred.
Extrahierte Begründung
The Federal Court required a reassessment of intent or consideration of the criminal outcome. The prosecutor’s final discontinuance stated that intent could not be sufficiently proven and further evidence would not change that. No basis remained to apply the longer seven-year period.