Facts
Josef Stöckli was awarded a disability pension and a simple ordinary child's pension by decision of 17 November 1981. Since August 1981, he had also been receiving a pension from the Swiss Accident Insurance Fund (SUVA) and from the beginning of 1982, a disability pension from the staff welfare foundation of his employer Steiner + Steiner AG. In February 1983, Stöckli and the foundation reached a settlement agreement on the crediting of the SUVA pension in the over-insurance calculation.
Effective 1 April 1985, Stöckli's entitlement to the child's pension from the disability insurance expired. He then demanded that the foundation take over the amount of the discontinued child's pension, as the over-insurance calculation would now change accordingly. However, the foundation refused this with reference to the settlement of February 1983.
Stöckli then filed a lawsuit with the Insurance Court of the Canton of Basel-Stadt, which declared itself competent. Stöckli appealed the dismissive decision of the Insurance Court to the Federal Insurance Court.
Considerations
The Federal Insurance Court concluded that the judicial authorities introduced by Art. 73 BVG are not competent to adjudicate disputes over claims and demands based on an insurance case that occurred under the old law on occupational pensions. The relevant insurance case had occurred before the entry into force of the BVG on 1 January 1985, so the new judicial…