Question juridique clé
Whether the pension fund violated equal treatment by excluding the appellant’s 1996 home-ownership withdrawal from the surplus allocation basis.
Solution extraite
No. Using the coverage capital as of 1 January 1999 and adding back withdrawals only for the two-year period before that date was a reasonable and non-arbitrary criterion.
Motifs extraits
The fund chose a suitable reference date and treated a limited pre-statutory period as a justified concession. A two-year look-back lay within its discretion, especially since surplus assets were also financed by investment returns on pension assets. The appellant’s being just outside the period did not make the rule unequal or opportunistic.