Facts
The case concerns the question of whether, in the event of the addition of a further child's pension entitlement, which in itself would have resulted in an increase of over 10% in the coordinated BVG benefits, the previously determined factors of the overcompensation calculation may be freely reviewed and adjusted. The Federal Court must decide whether, in the event of a substantial change in a single calculation factor within the meaning of Art. 24 para. 5 BVV 2, it must proceed to a comprehensive review of the overcompensation without being bound by previous assessments.Considerations
The Federal Court decides that in the presence of a substantial change in a single calculation factor within the meaning of Art. 24 para. 5 BVV 2 (i.e., a benefit adjustment of at least 10%), the pension institution must comprehensively and without being bound by previously determined factors examine whether and to what extent overcompensation exists. Similar to the revision of IV pensions, within the framework of this comprehensive review, a newly assessed calculation factor may compensate or even overcompensate the at least 10%…