Question juridique clé
Whether a self-employed person in voluntary occupational pension insurance may demand cash payment of the vested benefits for business investments after leaving the pension institution.
Solution extraite
Yes. Art. 4(4) BVG must be interpreted to allow cash withdrawal for clearly defined business investments, including investment in the farm and payment to the business partner, absent abuse.
Motifs extraits
The legislative history shows that Parliament intended to soften the strict purpose-binding of voluntary self-employed pension contributions and to permit withdrawals for business investments. Systematic and constitutional considerations support this reading, and the proposed but unadopted ordinance draft corroborates it.