Facts
S., born in 1974, was employed as a pediatric nurse at Hospital Z. from May 1, 1996 and was insured for occupational pension benefits with the BVG Collective Foundation of the Pension Fund. From March 17, 1998, S. was permanently at least 50% incapacitated for work and received a half disability pension from the Disability Insurance as of April 1, 1999 and a full pension as of October 1, 2000. The BVG Collective Foundation paid disability benefits as of June 1, 1999, and as of October 1, 2000 due to a 100% disability. Based on judgments of the Administrative Court of the Canton of Zurich dated January 22, 2001 due to a violation of the prohibition of gender discrimination and the Gender Equality Act, S. received a retroactive salary payment for the years 1996 to 2001 totaling CHF 33,839.90, of which CHF 8,358.05 was for the year 1998. The BVG Collective Foundation rejected S.'s request to recalculate the disability pension taking this retroactive salary payment into account. The Social Insurance Court of the Canton of Zurich upheld the claim and obliged the BVG Collective Foundation to calculate the amount of the disability pension based on the increased insured salary for 1998 and to pay it retroactively. The BVG Collective Foundation appeals against this decision.Considerations
The FSCA dismisses the appeal. It holds that the retroactive salary payment of CHF 8,358.05 for 1998 made in February 2002 is to be considered as owed under the employment contract as of January 1, 1998 and is therefore part of the annual salary pursuant to Art. 6 para. 2 of the regulations of the BVG Collective Foundation. Consequently, this retroactive salary payment must be…