Reimbursement of Unlawfully Received Benefits - Triggering of the Limitation Period

Facts

A., born in 1970, has been receiving a full disability pension from the Disability Insurance (IV) since October 2001. By revision decision dated February 12, 2013, the IV office of the canton of St. Gallen terminated this disability pension as of the end of March 2013, as there was no longer any health impairment justifying the benefits. However, the Swiss Compensation Office (Ausgleichskasse) continued to pay the monthly pension payments incorrectly, as the IV office had never notified the Compensation Office of the pension termination decision. It was not until June 2, 2017 that the involved IV authorities realized the error. The Compensation Office then demanded the reimbursement of the unlawfully received pension payments amounting to CHF 195,657 from the insured, which the IV office of the canton of St. Gallen confirmed on January 30, 2018.

Considerations

The Federal Supreme Court decided that the one-year limitation period pursuant to Art. 25 para. 2 ATSG was not triggered by the first error of the IV office, but only by its second misconduct. This consisted in the IV office not immediately informing the pension-paying Compensation Office of the appeal against the pension termination and the appeal decision of the cantonal insurance court, as provided for in the Circular Letter of the Federal Social Insurance Office on Legal Matters (KSRP).

Since the reimbursement…