Reclaiming Unjustly Received Old-Age and Disability Insurance Pensions

Facts

The case concerns the reclaiming of old-age and disability insurance pensions that were unjustly received. The Federal Social Insurance Office appealed against a decision of the AHV Appeals Commission of the Canton of Zurich, which considered the reclaim claim to be forfeited.

The Disability Insurance Commission (IVK) first learned of the insured person's changed income circumstances on March 12, 1982. However, further clarifications were necessary to determine the reclaim claim in principle and in its extent. These clarifications were only possible after receipt of the employer's report on May 10, 1982 by the IVK.

The Compensation Office issued the repayment order on May 3, 1983, i.e. within the one-year forfeiture period pursuant to Art. 47 para. 2 AHVG.

Considerations

The Federal Supreme Court decided that for the start of the one-year forfeiture period pursuant to Art. 47 para. 2 AHVG, not only the knowledge of the Compensation Office, but also the knowledge of the IVK is decisive. Since the cooperation of both administrative offices was necessary for the determination of the reclaim claim, it is sufficient for the start of the deadline if the necessary knowledge is available at one of the competent…