Facts
Following a registration and appeal procedure, I. S. received a regular half disability pension with supplementary pensions for her children as of May 1, 1986. On September 28, 1987, she requested that the disability pension be paid to the Social Services of the City of W., as she was being cared for by them due to her disability. The Compensation Fund of the Canton of Zurich approved this.
On March 20/23, 1989, the parish office informed the Compensation Fund that I. S. had been working full-time as a kitchen assistant in the retirement home F. since September 1988. Thereupon, the Disability Insurance Commission retroactively reduced the degree of disability to December 1, 1988 on January 8, 1990 and demanded the reimbursement of the pension amounts wrongfully received from I. S. and the Social Services.
Considerations
The Federal Supreme Court decided that the failure to report until the delayed notification on March 20/23, 1989 justified the reimbursement of the pension amounts wrongfully received during that time. However, from April 1989 onwards, there was no longer any obligation to reimburse, as the administration should have stopped the pension payments upon receipt of the notification.
Regarding the reimbursement obligation, the following was stated
- I. S. is obliged to reimburse the base pension for March 1989.
- The Social…