Facts
- Eric [H.], born in 1930, worked for company S. SA and has been insured with the Crédit Suisse Pension Foundation 2nd Pillar (VOSKA) since August 1, 1984. - Since October 1, 1987, the insurance company VITA has been paying Eric [H.] a disability pension of 1,737 Swiss francs per year, corresponding to a degree of disability of 50%. - In November 1989, Eric [H.] requested the payment of a lump sum instead of the old-age pension and the conversion of his disability pension into a lump sum. The Foundation rejected the request regarding the disability pension. - Eric [H.] brought the case before the Insurance Court of the Canton of Vaud, which rejected his request. Eric [H.] then filed an administrative law appeal with the Federal Insurance Court.Considerations
The Federal Insurance Court considered that the disability pension paid by an occupational pension institution has a lifelong character and does not automatically convert into an old-age pension when the insured person reaches retirement age. This view is based on the clear wording of Art. 26 para. 3 BVG, which provides that the right to disability benefits expires upon the death of the beneficiary or in the event of the disappearance of the disability, but not when the insured person is entitled to an old-age pension.
Contrary to the Disability Insurance (DI), the Occupational…