Kernrechtsfrage
Whether the pension fund's repayment claim for unlawfully paid vested benefits was time-barred by analogy to Art. 47 AHVG.
Extrahierter Entscheid
The repayment claim is subject by analogy to a one-year relative and five-year absolute forfeiture period, and the claim was filed too late.
Extrahierte Begründung
The BVG contains a gap on repayment of unlawful mandatory benefits. Because the cantonal pension fund statutes expressly refer to analogous application of AHVG rules where BVG, FZG, OR and the statutes provide no regulation, Art. 47 AHVG applies by analogy rather than OR unjust enrichment rules.