Facts
Heinz H. (born 1925) worked in the field service of company N. AG from September 1, 1975 to September 30, 1986 and was a member of the insurance fund of the Staff Welfare Foundation of this company. Since June 1, 1982, he has been receiving a disability pension from the Disability Insurance, which was based on the assumption of a 50% degree of disability until December 31, 1986 and has been based on an incapacity to work of more than two-thirds since January 1, 1987.
On October 13, 1986, the insured person requested the Staff Welfare Foundation to examine the claim for a disability pension. The Foundation Board rejected the request on October 1, 1987, as there had been no complete and permanent incapacity to work up to that point in time.
Heinz H. then brought an action to claim a full disability pension from August 1, 1986, as he had been completely incapacitated for work from that date onwards. However, the Insurance Court of the Canton of Obwalden dismissed the claim.
Considerations
The Federal Supreme Court states that only the provisions of the BVG (Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans) are decisive for the assessment of the complainant's claim for a disability pension from the mandatory insurance. Since the complainant has been receiving a full disability pension from the Disability Insurance based on an incapacity to work of more than two-thirds since January 1, 1987, the disability assessment by the…