Facts
[B.] suffered an accident on July 26, 1986 and received a supplementary pension from Solida, the accident insurance of Swiss health insurance funds, in the amount of CHF 874.-- per month starting from October 1, 1989. This pension was calculated based on an insured income of CHF 24,989.-- and a monthly IV pension of CHF 1,000.--.
In February 1992, [B.] additionally received a simple child's pension from the IV. As a result, Solida recalculated the supplementary pension and set it at CHF 74.-- per month effective October 1, 1992.
[B.] filed a complaint against this reassessment of the supplementary pension.
Considerations
The Federal Court states that in the reassessment of the supplementary pension pursuant to Art. 33 para. 1 lit. a UVV, Solida rightly used the original insured income of CHF 24,989.--. It deducted the IV pension of CHF 1,000.-- and the newly added child's pension from the IV of CHF 480.-- per month from this amount.
The Federal Court considers this calculation method to be correct. According to Art. 20 para. 2 UVG, the supplementary pension is set when it is first combined with an AHV or IV pension and is only adjusted to subsequent changes in the pension parts intended for family members. Consequently, the calculation bases as they existed when the benefits were first combined must be used as the basis for the reassessment.
Even though according to Art. 31 UVV, additional and child's pensions from the AHV/IV must be fully taken into account in the calculation of the supplementary pension, this does not mean that they are to be credited in…