Rejection of the Pension Claim under Variant 1 of Art. 29 Para. 1 IVG

Facts

The insured person, born in 1932, has been fully incapacitated for work due to a cancer condition since February 7, 1983. The Compensation Fund of the Canton of Zurich initially rejected his request for a disability pension, as under Variant 2 of Art. 29 Para. 1 IVG, there was still no entitlement to a pension.

The AHV Appeals Commission of the Canton of Zurich overturned the decision and obliged the Compensation Fund to pay the insured person a full disability pension from February 1, 1983, applying Variant 1 of Art. 29 Para. 1 IVG.

The Federal Office of Social Insurance filed an administrative court appeal with the request to restore the fund's decision and remand the case to the administration.

Considerations

The Federal Court states that according to established case law, the application of Variant 1 of Art. 29 Para. 1 IVG requires a largely stabilized, essentially irreversible health impairment that is likely to permanently impair the insured person's earning capacity to a degree that justifies a pension.

The Federal Court upholds this case law and rejects the application of Variant 1 to the insured person's progressive cancer condition. It clarifies that the…