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Cash payment of vested benefits under Art. 5(1)(c) FZG

ATA/205/1998Court of Justice / Administrative ChamberApr 21, 1998Granted

Open source

Extracted by Omnilex

Omnilex summary

The insured sought cash payment of her vested benefits from the respondent foundation. The court held that, under Art. 5(1)(c) FZG, the insured may demand payment in cash when the vested benefit is lower than the amount of her annual contributions. Since her salary made affiliation mandatory, the foundation had to pay the vested benefit without deducting the share that should have been withheld from salary.

Omnilex headnote

Art. 5(1)(c) FZG; cash payment of vested benefits where the vested benefit is lower than the insured’s annual contributions. The insured is entitled to payment in cash if the statutory comparison yields that the vested benefit does not exceed the amount of the yearly contributions. Where mandatory affiliation followed from the employment income, the foundation may not refuse payment on the ground that a contribution share should have been withheld from salary; the relevant condition is the amount of the vested benefit vis-à-vis annual contributions (consid. not stated).

Full text

Descripteurs

ASSURANCE SOCIALE; PREVOYANCE PROFESSIONNELLE; ASSURANCE OBLIGATOIRE; PREVOYANCE OBLIGATOIRE; AYANT DROIT; CALCUL; CONTRAT INDIVIDUEL DE TRAVAIL; DROIT A LA PRESTATION D'ASSURANCE; FONDATION(PERSONNE MORALE); BANQUE; AFFILIATION; PRESTATION DE LIBRE PASSAGE; PROLONGATION; CONTRAT; CE

Normes

LFLP.5 ch.1 litt.c

Résumé

L'assuré a la faculté d'exiger le paiement en espèces de la prestation de sortie lorsque le montant de cette prestation est inférieur au montant annuel de ses cotisations, conformément à l'art.5 ch. 1 litt. c LFLP. Condamnation de la fondation intimée à verser à la recourante une prestation de sortie, sans déduction de la part qui aurait dû être retenue sur son salaire, dès lors que le montant de celui-ci rendait son affiliation obligatoire.

Keywords

social insuranceoccupational pensionvested benefitscash paymentmandatory affiliationinsurance contribution

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the appellant may demand cash payment of the vested benefit under Art. 5(1)(c) FZG when the vested benefit is lower than her annual contributions.

Extracted holding

Yes. The insured may request payment in cash if the vested benefit is below the amount of her annual contributions.

Extracted reasoning

Under Art. 5(1)(c) FZG, the decisive comparison is between the vested benefit and the insured's annual contributions; if the statutory condition is met, cash payment must be granted.

Key legal question

Whether the respondent foundation must pay the vested benefit without deducting the amount that should have been withheld from salary contributions.

Extracted holding

Yes. The foundation was ordered to pay the vested benefit without deduction of the share that should have been retained from salary.

Extracted reasoning

Because the employment income made affiliation mandatory, the claimed vested benefit had to be paid out in full under the applicable cash-payment rule.

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