Conversion of a disability pension into an old-age pension of the Military Insurance in case of partial liability

Facts

[M.], born in 1942, received a disability pension from the Military Insurance as of January 1, 1991, which was reduced by 50% due to only partial liability of the Military Insurance. In August 2007, [M.] reached the AHV retirement age, upon which the disability pension was converted into an old-age pension as of September 1, 2007. The old-age pension was set at half the annual earnings underlying the disability pension.

[M.] filed a complaint against this determination of the old-age pension, as he was of the opinion that the old-age pension should not be set at half the annual earnings, but at the full amount, since the disability pension had already been reduced due to partial liability.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that according to the wording, meaning and purpose, as well as the legislative materials of Art. 47 para. 1 MVG, the old-age pension is generally to be set at half the annual earnings underlying the disability pension, regardless of whether the disability pension was reduced due to partial liability or not.

A differentiation between reduced and unreduced disability pensions in the application of Art. 47 para. 1 MVG would be contrary to the…