Facts
The case concerns the question of whether an ongoing integrity pension, which was originally calculated based on the presumed lost annual income, must be adjusted to the new case law of the Federal Court.
The Federal Military Insurance Office (BAMV) had granted an integrity pension to the opposing party based on a ruling dated June 18, 1953. The cantonal court refused to adjust this pension to the new calculation method according to the Gasser and Beiner judgments.
Considerations
The Federal Court upholds the case law of the Gasser and Beiner judgments. Accordingly, ongoing integrity pensions that were calculated based on the presumed lost annual income must be adjusted to the new case law.
The Federal Court states that the formal legal force of a ruling on a permanent legal relationship such as an integrity pension does not apply unconditionally. It is subject to the reservation that the legal basis changes, for example through new case law.
However, an adjustment to new case law is only exceptionally justified if the original ruling was based on an irrelevant calculation method and the adjustment is of…