Facts
Franz E., born in 1923, had to undergo a cataract operation on his right eye in 1975. The Disability Insurance (IV) covered the costs for the operation, hospital care, outpatient follow-up treatment, and the optical supply with a contact lens. After reaching the AHV retirement age in 1988, Franz E. applied to the Federal Compensation Office for continued coverage of the costs for contact lens checks and replacements. The Compensation Office rejected this, as integration measures and aids can only be covered up to the time of reaching the AHV retirement age.
The Administrative Court of the Canton of Bern upheld Franz E.'s appeal. It argued that he had received aids under Art. 21 or 21bis IVG before the entitlement to an AHV pension arose, which he needed to perform his continuing professional and other activities. Therefore, he still had a claim to them within the scope of the guarantee of existing rights under Art. 4 HVA.
The Federal Compensation Office then filed an administrative court appeal with the request to set aside the lower court's decision and restore the contested ruling.
Considerations
The Federal Insurance Court came to the following conclusion
The provision of glasses and contact lenses in connection with medical measures is to be considered as the provision of aids and not as a medical measure. The guarantee of existing rights under Art. 4 HVA applies without restriction to all aids or replacement benefits under Art. 21 and 21bis IVG, and thus also to contact lenses, which form an essential supplement to a medical integration measure. This applies even if the insured person has reached the AHV retirement age in the meantime.
However, the respondent must continue to pursue a legally relevant gainful activity within the scope of the…