Questão jurídica principal
Whether the employer-paid buy-in sums to the occupational pension institution constituted AHV-pensionable salary or an excluded benefit.
Decisão extraída
For the relevant payment dates in 2002-2005, the sums were treated as voluntary employer contributions; Art. 8 lit. a AHVV did not exclude them, so they remained subject to contributions.
Fundamentação extraída
The decisive facts are those existing at the time of the contribution obligation and debt. A later agreement retroactively imposing a mandatory employer duty cannot alter the earlier qualification. The appellant's reliance on the parties' later true intent and on revision did not help.