Facts
[P.], born in 1944 and married, received an invalidity pension from "Allianz Continentale" Allgemeine Versicherungs AG due to a traffic accident. The Disability Insurance converted the old-age pension due to the insured's spouse into a spouse's old-age pension due to the accident. Consequently, "Allianz" determined the supplementary pension for [P.] and denied any UVG pension claim as of January 1990, as the creditable portion of the spouse's old-age pension exceeded the maximum claim of 90% of the insured annual earnings.
[P.] filed a complaint against the cantonal court decision that rejected her main requests for the granting of a supplementary pension from August 1989. She argued that only the half share of the spouse's old-age pension attributable to her should be taken into account.
Considerations
The Federal Insurance Court held that according to the case law, the pensions of the AHV or IV must be taken into account in full in the calculation of the supplementary pension. This also applies to the spouse's old-age pension, as the wording of Art. 20 para. 2 UVG does not allow for only partial consideration.
However, the court found that this case law is not applicable in the case of a married woman who participates in a spouse's old-age pension. Under the legal situation prevailing until the 10th AHV revision, the entitlement to the spouse's old-age pension belonged solely to the husband. Since the complainant has no own entitlement to the…