Legislator Case Law & Legislation
220 ORCO CH

Art. 331b Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (CO)

CO; Division Two: Types of Contractual Relationship; Title Ten: The Employment Contract; Section One: The Individual Employment Contract; D. Employee benefits provision; III. Assignment and pledge
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Art. 331b CO

Claims for future benefits may not be validly assigned or pledged before they fall due.

← Art. 331a CO Federal Act of 30 March 1911 on the Amendment of the Swiss Civil Code (CO) Art. 331c CO →

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Court Decisions Applying This Provision (6)

BGE 114 V 239 (Art. 331b OR)
Vested benefit calculation for umbrella pension fund: comparison method under Art. 28 BVG versus cumulative split; employer contribution and brought-in free-passage assets excluded from OR minimum.
Used to determine the OR-based vested benefit for the same membership period, which is compared under Art. 28 BVG.
ZZ.1984.15 · so (Art. 331b ff. (a.F.) OR)
Pension Benefit Transfer Validity in Debt Collection
The substantive claim for vested benefits arises from these provisions, which govern the mandatory payment to a third party (the new pension fund) rather than the employee directly.
34.2003.3 · ti (Art. 331b cpv. 1 CO)
Insured's Claim for Enhanced Post-Employment Disability Benefits Denied
Cited in the reasoning regarding the rule for the termination of the insurance relationship upon job termination, applicable to both mandatory and supplementary schemes.
S 94 324 · lu (Art. 331b Abs. 1-3, 3bis und 5 OR)
Insured Person's Vested Benefit Rights Upon Pension Transfer Exceeding Entry Fee and Interest for Delayed Notification
Cited as the alternative calculation basis for vested benefits, used in comparison with the BVG amount, which the court ultimately found irrelevant for the retention of the excess amount.
VPB 92-026 (Art. 331b CO)
Occupational Retirement Benefit Portability Act
Modified to stipulate that claims to future pension benefits cannot be assigned or pledged before they are due.
34.2003.3 · ti (art. 331b cpv. 1 CO)
Occupational Benefits Insured's Claim for Super-Mandatory Disability Pension Post-Employment Separation
Cited in the reasoning as analogous to Art. 10 para. 2 LPP regarding the end of the insurance relationship.