Replacement of the disability pension by lower old-age benefits in the further occupational pension provision

Facts

K., born in 1939, received a disability pension from the pension fund X. which amounted to CHF 17,209.- or CHF 17,280.- per year before reaching the retirement age in 2001. With regard to retirement, the pension institution informed her that based on contracts 10035 and 20035, she would receive a lump-sum payment of CHF 68,522.- and an annual old-age pension of CHF 9,943.-. K. then filed a lawsuit with the claim that the pension fund was obliged to continue paying the disability pensions at the same amount even after reaching the retirement age.

Considerations

The Federal Insurance Court states that in the area of further occupational pension provision, pension institutions are generally free, within the framework of Art. 49 para. 2 BVG and the constitutional limits regarding contract design, to determine whether and to what extent they will pay a disability pension beyond the retirement age or provide old-age benefits that are lower than the disability pension paid before reaching the retirement age.

The case law introduced with BGE 127 V 259, according to which the disability pension must be paid for life or the old-age pension must be at least as high as…