Facts

R. (born 1960) was employed as a houseboy and later as a kitchen assistant at K., Hotel D., and was thus affiliated with the Occupational Pension Scheme for Hoteliers (BAV Wirte) from 1982. On April 22, 1988, he suffered a serious traffic accident and subsequently became fully or partially incapable of working. As the compulsory accident insurance, Basler-Versicherungs-Gesellschaft paid him daily allowance benefits until February 28, 1992, and from March 1, 1992, a UVG disability pension at a degree of disability of 75%, both benefits reduced by 20% due to self-inflicted fault. From the Compensation Fund for Hoteliers, he received a half simple disability pension from April 1, 1989, and a full simple disability pension from February 1, 1990, as well as a supplementary pension for his wife and two child pensions.

In October 1993, R. applied to the BAV Wirte for the payment of disability benefits. The pension fund rejected this request because the benefits from the disability insurance and the compulsory accident insurance exceeded 90% of the relevant earnings.

On November 19, 1994, R. filed a lawsuit with the Insurance Court of the Canton of Aargau, requesting the award of the compulsory benefits for disability. The Insurance Court upheld the claim and obliged the BAV Wirte to pay the claimant disability benefits for the years 1989 to 1995.

The BAV Wirte filed an administrative court appeal with the request to determine that the respondent had no entitlement to disability benefits for the years 1989 to 1991 and 1993 as well as 1994.

Considerations

The Federal Insurance Court first examined what is to be understood by the term "presumed lost earnings" within the meaning of Art. 24 para. 1 BVV2. It decided that the term refers to the hypothetical income that the insured person could have earned without the disability.

Furthermore, the court stated that the limit of 90% of the presumed lost earnings set by the Federal Council in Art. 24 para. 1 BVV2 for the calculation of overcompensation is considered lawful.

With regard to the daily allowance benefits from the…