Facts
A., born in 1970, worked as a salesman in a gas station shop from September 8, 2005 until his termination on April 30, 2011. In August 2011, he applied for disability benefits from the Disability Insurance (IV). The IV office of Basel-City awarded him a quarter pension as of April 1, 2012 (degree of disability 47%). The Social Insurance Court of the Canton of Basel-City overturned the decision and awarded A. a half pension (degree of disability 55%).
Allianz informed A. that he could continue his part-time employment despite his health impairments. Therefore, he was not entitled to occupational pension benefits.
Considerations
The Federal Supreme Court held that the degree of disability relevant for occupational pension purposes must be assessed based on the income from the part-time employment and not in relation to a (hypothetical) full-time employment. If the Disability Insurance has determined the degree of disability based on a full-time position, the pension fund…