Facts
Kurt [S.], born on November 7, 1919, applied for an old-age pension with the Compensation Fund of Bern Employers in April 1984. However, he decided to defer it, which the administration confirmed in a form letter dated December 17, 1984. On September 14, 1989, Kurt [S.] claimed the old-age pension effective December 1, 1989. Thereupon, the Compensation Fund granted him a regular full couple's old-age pension at the maximum base amount of CHF 2,250 per month from that date, which was increased by the maximum possible percentage of 50%, i.e., by CHF 1,125, to CHF 3,375 per month, in view of the five-year deferral period.
Kurt [S.] requested that the Compensation Fund also adjust the monthly pension supplement amount to the wage and price developments as of January 1, 1990. However, the Administrative Court of the Canton of Bern dismissed the appeal.
Considerations
The Federal Insurance Court explains that according to Art. 39 Paras. 2 and 3 OASI, the deferred old-age pension is increased by the actuarial present value of the benefits not drawn. The detailed regulation of the pension deferral is found in Art. 55bis to 55quater OASI Ordinance.
Art. 55ter OASI Ordinance stipulates the calculation of the supplement for pension deferral. This is based on a variable percentage of the base amount, which increases with the length of the deferral period. However, according to Art. 55ter Para. 3 OASI Ordinance, the thus determined supplement amount is not adjusted to price and income developments.
The…