Revision of Disability Pension and Other Permanent Benefits

Facts

This decision of the Swiss Federal Tribunal addresses the concepts of incapacity for work, incapacity for gain, disability, the income comparison method, and revision (of the disability pension and other permanent benefits) in disability insurance, in light of the entry into force of the Federal Act on the General Part of Social Insurance Law (GSSLA). The Federal Tribunal examines in detail how the definitions of these concepts in the GSSLA correspond to the notions developed until then by the case law in disability insurance. It concludes that the previous case law remains largely applicable, despite the adoption of these new legal provisions.

Considerations

In summary, the Federal Tribunal considers that:

• The definitions of incapacity for work, incapacity for gain, disability, the income comparison method, and revision (of the disability pension and other permanent benefits) contained in the GSSLA correspond to the notions developed previously by the case law in disability insurance.
• The previous case law relating to these various concepts therefore remains largely applicable, despite the entry into force of the GSSLA.
• Only a systematic modification…