Correction of a legally binding pension decision pursuant to Art. 77 OASI Ordinance

Facts

The case concerns an insured person who had received a pension that was too low, although he would have been entitled to a higher one. The IV-Stelle (Disability Insurance Office) of the Canton of St. Gallen and the Versicherungsgericht (Insurance Court) of the Canton of St. Gallen were involved in the matter.

The insured person demanded the payment of the pension amounts due to him pursuant to Art. 77 OASI Ordinance. The cantonal court affirmed the insured person's legally enforceable claim to the correction of the legally binding pension decision.

Considerations

The Federal Supreme Court confirmed the view of the cantonal court. Art. 77 OASI Ordinance grants the insured person a legally enforceable claim to the correction of a formally legally binding decision if he has received a lower pension than he would have been entitled to.

This provision is not aimed at a general reconsideration of the administrative decision, but merely enables the insured person to make a computational correction of the pension decision, without the administration being…