Facts
The appellant Colette M. was employed by the company G. AG from April 1 to the end of July 1985 and was insured for the amount of CHF 19,190 out of an annual salary of CHF 35,750 under the occupational pension scheme of her employer with the BVG Collective Foundation of the Basler Lebens-Versicherungs-Gesellschaft for occupational pension in the canton of Fribourg (hereinafter: Collective Foundation). From August 19, 1985 to December 31, 1986, she worked part-time as a commercial employee at the company L., where she was insured with the BVG Collective Foundation of the Vita Lebensversicherungs-Gesellschaft.
Due to her illness (Crohn's disease), Colette M. applied for disability benefits from the Disability Insurance on April 4, 1987. The Disability Insurance Commission concluded on August 3, 1987 that the insured person was 50% disabled from August to the end of October 1986 and fully disabled from November 1986 to July 31, 1988 after the waiting period of 360 days.
Colette M. demanded from the Collective Foundation the award of a 50% disability pension from August 1986 and a 100% disability pension from November 1986. The Collective Foundation disputed any obligation to provide benefits, as Colette M. was no longer insured under it within the meaning of Art. 23 BVG at the time of the onset of incapacity for work, the cause of which led to the disability.
Considerations
The Federal Supreme Court states that according to Art. 23 BVG, the entitlement to disability benefits exists for persons who are at least 50% disabled within the meaning of the Disability Insurance and were insured at the time of the onset of the incapacity for work, the cause of which led to the disability. The compulsory insurance begins with the commencement of the employment relationship and…