Rejection of the claim for disability benefits under the BVG due to lack of insurance coverage at the time of the onset of incapacity for work

Facts

Filippo M. worked for the company B. AG until the end of July 1983 and was insured with their pension fund during this time. From August 9, 1983 to October 31, 1985, he was employed by the company T. AG and insured through their staff welfare foundation. In October 1984, incapacity for work occurred again, whereupon the compensation fund of the shoe industry awarded him a half-simple disability pension from October 1, 1985. Filippo M. then filed a lawsuit against the pension funds of B. AG and T. AG for the payment of disability benefits.

The High Court of the Canton of Aargau dismissed the claim, as the incapacity for work, which is a prerequisite for the claim to disability benefits under Art. 23 BVG, occurred in October 1984 when the plaintiff was not yet compulsorily insured.

Considerations

The Federal Supreme Court confirmed the decision of the cantonal court. According to Art. 23 BVG, only persons who were insured at the time of the onset of the incapacity for work that led to the disability are entitled to disability benefits. Since the plaintiff was not yet compulsorily insured in October 1984 when the incapacity for work occurred, there is no entitlement to benefits from the pension fund of T. AG.

An assessment of the case from the perspective of transitional law also does not lead to a different result. The BVG does not have retroactive effect, so that benefits generally require a…