Questão jurídica principal
Whether AVS contribution debts from 1996-2001 could still be set off against an old-age pension under Art. 20 para. 2 and Art. 16 LAVS.
Decisão extraída
The debts had not been time-barred at the opening of pension entitlement, so set-off was permissible.
Fundamentação extraída
A contribution claim can still be offset if it was not yet extinguished when the pension right arose. The exception in Art. 16 para. 2 last sentence LAVS applies only if the contributions were assessed within the Art. 16 para. 1 deadline; once prescription under Art. 16 para. 1 has occurred, set-off is excluded. Here, the contributions were timely fixed and not yet extinguished on 1 July 2001.