Question juridique clé
Whether the PUBLICA statutory grandfathering guarantee also covers a partial capital withdrawal, not only the pension.
Solution extraite
Yes. The guarantee under Art. 25 PUBLICA-Gesetz extends to the form of benefit chosen and therefore also protects a partial capital withdrawal within the statutory limits.
Motifs extraits
The Court held that the guarantee aims to preserve the benefit level of the transition generation. Limiting it to a pension would contradict the purpose and would unjustifiably reduce the insured person's choice of benefit form.