Questione giuridica chiave
Whether the occupational pension disability pension of CHF 1,700 is attachable under debt enforcement law.
Decisione estratta
Yes. The pension is replacement income from occupational pension provision and is attachable to the extent it exceeds what is indispensable for the debtor and family.
Motivazione estratta
The revision of the Debt Enforcement and Bankruptcy Act did not materially change the rules on attachability of second-pillar benefits. The pension was not paid under the Invalidity Insurance Act, but constituted benefits from an occupational pension institution and was therefore not absolutely exempt under Art. 92 SchKG. Under Art. 93(1) SchKG, such replacement income may be attached insofar as not indispensable.