Calculation of the simple old-age pension of a divorced woman who had already received a pension before her divorce

Facts

Rosa [P.], born on March 27, 1909, was granted a regular simple old-age pension as of April 1, 1971. This pension, calculated on the basis of an average annual determining income of 15,600 francs, was initially 352 francs per month and was adjusted several times to reach 820 francs per month as of January 1, 1975.

After her husband's 65th birthday in April 1975, Rosa P.'s simple old-age pension was discontinued and replaced by a half-old-age pension for a couple as of May 1, 1975. However, as the spouses were already legally separated, they divorced on April 30, 1975, with final effect on May 21, 1975. Rosa [P.] was therefore again granted a simple old-age pension as of June 1, 1975, but in the amount of only 760 francs per month, calculated according to the new legal provisions.

Considerations

The Federal Insurance Court considered that the calculation made by the cantonal compensation fund was in accordance with the legal provisions. Indeed, the transitional provisions concerning the adjustment of current pensions during the revisions of the OASI do not apply to new pensions arising after the entry into force of the new standards.

Thus, Rosa P.'s simple old-age pension as of June 1, 1975 must be calculated according to…