Occupational pension plans: opportunities and limits

Case 1: Starting an entrepreneurial activity in the form of a legal entity

1. facts of the case

X has so far been employed as an employee with the consulting company "ZZ AG". She decides to terminate the existing employment relationship and to continue her consulting activities under the umbrella of her own GmbH (newly founded company).

At the time of leaving the pension plan of "ZZ AG", X has acquired retirement assets in the amount of CHF 500,000. Of this amount, CHF 400,000 is attributable to the mandatory pension plan and CHF 100,000 to the supplementary pension plan.

Questions

• Question 1: What happens to the vested benefits or termination benefits acquired with the pension fund of "ZZ AG"?
• Question 2: X would like to know which insurance options are open to her as an employee of the newly founded GmbH within the scope of occupational benefits.

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Case 2: Starting an entrepreneurial activity in the form of self-employment.

1. facts of the case

X has so far been employed as a staff member at the consulting company "ZZ AG". She decides to terminate the existing employment relationship and to continue her consulting activities as a self-employed person.

X has acquired retirement assets in the amount of CHF 500,000 at the time of leaving the pension plan of "ZZ AG".

Questions

• Question 1: What consequences does the transition from employment to self-employment have for X from a pension law perspective (transition from mandatory to voluntary insurance)?
• Question 2: Can X withdraw her pension capital in cash?
• Question 3: X asserts the existence of a cash payment reason. The capital is subjected to income tax by the competent tax office as "capital benefit from pension" (Art. 22 para. 1 in conjunction with Art. 38 DBG). Three months after taking up self-employment, X decides to convert the sole proprietorship into a limited liability company (GmbH) and to continue its entrepreneurial activity in the form of a legal entity in the future. What consequences might this have?
• Question 4: The competent tax authority takes the view vis-à-vis X that the funds withdrawn from the occupational benefit scheme as a result of "taking up self-employment" must be invested in the business assets. Otherwise, there would be an improper and therefore illegal cash payment. How should the position of the tax authority be assessed?

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Case 3: Entrepreneurial activity in the form of self-employment with reconnection to the 2nd pillar

1. facts of the case

X has so far been employed as a staff member at the consulting company "ZZ AG". She decides to terminate the existing employment relationship and to continue her consulting activities as a self-employed person.

X draws your retirement assets as a result of "taking up self-employment" in accordance with Art. 5 para. 1lit. b FZG on March 31, 20ZZ.

X is financially very successful as a self-employed person. She therefore decides to rejoin the occupational benefit scheme under Pillar 2 as of January 1, 20ZZ+1.

Questions

• Question 1: What insurance options are open to X under the 2nd pillar?
• Question 2: A very good order increases X's liquidity unplanned. She therefore considers making a purchase in year 20 ZZ+2. How should the purchase be assessed under pension and tax law?

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