Facts
The Turkish national B., born in 1964, first entered Switzerland in 1989, where he worked from 1990 to 1994. In 1994, he returned to Turkey after his asylum application was rejected, and his Old Age and Survivors' Insurance/Disability Insurance/Loss of Earnings Compensation (AHV/IV/EO) contributions were transferred to the Turkish social security system in accordance with the Swiss-Turkish social security agreement. He re-entered Switzerland on July 19, 1999, and was recognized as a refugee on July 22, 2002.
On March 29, 2007, B. applied to the Disability Insurance (IV) for benefits (retraining). However, the IV office in Bern denied both a claim for vocational measures and a pension claim, as the insurance-related requirements were not met.
Considerations
The Federal Supreme Court dismissed the appeal. It concluded that B. is not entitled to a regular disability insurance pension under Art. 36 para. 1 IVG, as the contributions made from 1990 to 1994 were reversed upon his return to Turkey in 1994 and therefore cannot be considered "contributions paid" within the meaning of this provision.
A claim for an extraordinary disability insurance pension was also denied, as B. was not insured for the same number of years as his age group, as is also required for…