Questão jurídica principal
Whether Art. 53(2) LPP required the institution to calculate vested benefits using different technical bases in a static situation because periodic expert verification had not been carried out.
Decisão extraída
No. The obligation to obtain periodic expert verification does not entail that vested benefits must be calculated with different technical bases in a static calculation method.
Fundamentação extraída
Art. 53(2)(a) LPP requires only periodic, not annual, expert assessment of whether the institution can meet its obligations at all times. If the institution had not performed such verification for a period but had used dynamic actuarial balance sheets, there is no reason to require a different static calculation of vested benefits absent a rule in the pension regulations or applicable CO provisions.