Facts
The appellant I., born in 1967, was employed by the Canton of Zurich from August 1989 and was thus insured with the BVK for pension purposes. In October 1992, she reduced her workload, whereupon a neurotic exhaustion depression and bulimia were diagnosed. I. terminated her employment with the Canton of Zurich in July 1993. Subsequently, she received daily allowances from the unemployment insurance and was partially employed.
From September 1, 1995 to November 30, 1997, I. was employed in the school service of the City of Zurich and was insured for pension purposes with their pension fund. In December 1997, this fund awarded her a full disability pension. The IV office of the Canton of Zurich also awarded I. a full disability pension retroactively from April 1997.
In May 2002, I. applied to the BVK for the granting of a disability pension. However, the BVK denied its obligation to provide benefits. The Social Insurance Court of the Canton of Zurich dismissed the claim, whereupon I. filed an administrative court appeal.
Considerations
The Federal Supreme Court states that the BVK is bound by the findings of the Disability Insurance, insofar as they are not obviously untenable. Since the BVK relies on the decisions of the Disability Insurance, the problem of the non-inclusion of the BVK in the Disability Insurance proceedings is irrelevant.
The decisive factor is that the pension fund of the City of Zurich has recognized the obligation to provide benefits and has paid a full…