Kernrechtsfrage
Whether the retroactive BVG contribution claims were time-barred
Extrahierter Entscheid
The prescription period generally starts when the contribution becomes due, but in case of a qualified failure to report the employee, due date may be postponed until the fund had imputable knowledge; the cantonal court must clarify this.
Extrahierte Begründung
The court changed its case law: for existing affiliation, retroactive contribution claims become due ex tunc with the chargeable work, yet if the employer culpably concealed the employee, the fund's imputable knowledge can exceptionally postpone due date. Absolute limitation of ten years still applies.