Question juridique clé
Whether the appellant had a legal entitlement to surplus gains allocated to employer contributions in the former pension foundation.
Solution extraite
No entitlement was shown, because no rule, foundation resolution, or approved allocation plan granted the appellant a proportional claim to those surplus amounts.
Motifs extraits
The court found no statutory or regulatory basis for an individualized credit of the surplus shares. Protokoll statements about preserving active members' rights did not create enforceable rights, and no approved split plan existed.