Conversion of a disability pension from the IV to an old-age pension from the AHV - Entitlement to a supplementary pension from the accident insurance

Facts

[F.], born in 1935, received a full disability pension (IV) from December 1991 due to a degree of disability of 70%. In addition, he received a regular (unreduced) pension from the mandatory accident insurance (UV) from January 1, 1998 due to a degree of disability of 100%. When [F.] reached the AHV retirement age in October 2000, the Swiss National Accident Insurance Fund (SUVA) replaced the previous regular UV pension with a supplementary pension as of March 1, 2001.

[F.] filed a complaint against this decision and requested to continue receiving the previous regular UV pension. The Social Insurance Court of Basel-City referred the matter back to SUVA so that it could determine the supplementary pension taking into account the AHV pension up to the maximum insured earnings.

SUVA filed an administrative court appeal with the request to set aside the cantonal decision and confirm the objection decision of June 21, 2001.

Considerations

According to Art. 20 para. 2 of the Federal Law on Accident Insurance (UVG), the insured person is only entitled to a supplementary pension when an UV pension coincides with an AHV pension, which corresponds to the difference between 90% of the insured earnings and the AHV pension, but not exceeding the amount provided for full or partial disability.

Since this was the first time an UV pension coincided with an AHV pension, a supplementary pension had to be paid out according to the wording of Art. 20 para. 2 UVG. The fact that the AHV pension replaced an IV…