Key legal question
Whether top-up capital paid for early retirements from 1 December 2001 onward is exempt as reglementary employer pension contributions under Art. 8 lit. a AHVV.
Extracted holding
No. The payments were not based on a true reglementary or insurance-law obligation, but on a social-plan arrangement triggered only after the employer decided to retire employees early.
Extracted reasoning
A reglementary contribution requires a pre-existing normative basis that binds the employer independently of an ad hoc managerial decision. Here the payment duty arose only once the employer exercised its discretion to order early retirement.