Facts
The present Federal Court decision addresses the question of how to determine the commencement of pension benefits for insured persons who are partially employed or not employed. The court clarifies that incapacity to work within the meaning of Art. 29 para. 1 let. b of the Federal Act on Disability Insurance (IVG) is not equivalent to the degree of disability.
For employed insured persons, incapacity to work is defined as a loss of functional performance capacity in the previous occupation, regardless of how the health impairment affects the achievable income. This differs from the inability to work, which is defined as the inability to economically utilize the remaining work capacity.
For non-employed insured persons, particularly persons working in the household, the degree of disability is determined by an on-site assessment. This evaluates the extent to which the insured person is impaired in performing their previous tasks. However, for the commencement of the pension, it is not this restriction in the task area, but the medically determined loss of functional performance capacity in the household that is decisive.
For partially employed insured persons, the mixed method is applied, which takes into account both the employment and the household sectors. Here, too, the incapacity to work in both areas must be determined and weighted accordingly for the commencement of the pension.
Considerations
The Federal Court states that for the determination of the commencement of the pension for non-employed or partially employed insured persons, the incapacity to work is to be assessed analogously to the criteria for employed insured persons. This means that the medically determined loss of functional performance capacity in the previous occupation or task area is decisive, regardless of the method used to determine the degree of disability.
The court…