Currently, a case was broadcast in Kassensturz, which focused on the retention obligations in connection with BVG/PK. Here are the relevant articles of the law :
Federal Law on Occupational Retirement, Survivors’ and Disability Pension Plans (BVG)
Art. 41 Limitation of claims and retention of pension documents
1 Benefit entitlements are not subject to the statute of limitations provided the insured persons have not left the pension fund at the time of the insured event.
2 Claims for periodic contributions and benefits become time-barred after five years, others after ten years. Articles 129-142 of the Code of Obligations are applicable.
3 Assets invested in vested benefits accounts or policies in accordance with Article 10 of the Ordinance on Vested Benefits of October 3, 1994, shall be transferred to the Guarantee Fund after ten years from the normal retirement age (Article 13); the Guarantee Fund shall use them to finance the 2nd Pillar Central Office.
4 If it is not possible to determine the member’s exact date of birth, those vested benefits for which no messages from the member or his heirs have been received by the institutions managing them for ten years shall continue to be managed by these institutions until 2010. Thereafter, they shall also be transferred to the Security Fund; the latter shall use them in accordance with paragraph 3.
5 The Guarantee Fund shall satisfy claims to credit balances transferred to it in accordance with paragraphs 3 and 4, provided that their existence is proven by the insured person or his heirs.
6 Claims that are not asserted in accordance with paragraph 5 become time-barred when the insured person reaches his or her 100th birthday. has reached or would have reached the age of.
7 Paragraphs 1-6 also apply to obligations arising from contracts between pension funds and insurance companies that are subject to insurance supervision.
8 The Federal Council shall issue provisions on the retention of pension documents with regard to the assertion of claims by insured persons.
Federal Law on Vesting in Occupational Retirement, Survivors’ and Disability Pension Plans
Art. 24f Record retention
The 2nd Pillar Central Office keeps the notifications. The obligation to keep records expires ten years after the insured person reaches retirement age as defined in Article 13 (1) BVG.
Companies must fundamentally consider how they deal with balanced accounts. In particular, it should be possible to trace whether an account existed. In the case of vested benefit accounts, it is recommended to keep the last transaction details until the absolute limitation period has expired.
Dealing with deletion procedures and logging them is a core competence of krm. Please contact us for further assistance.
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