Facts
By decision of July 17, 1987, the Compensation Fund of the Canton of Zurich awarded Jacques E.-H. (born September 9, 1923) a simple full disability pension and a supplementary pension for his wife Antoinette, born in 1928, effective December 1, 1986. After Jacques E. reached the AHV retirement age, the Compensation Fund replaced the disability pension with a regular simple old-age pension effective October 1, 1988.
Jacques E. filed a complaint with the AHV Appeals Commission of the Canton of Zurich and requested the crediting of additional contribution years, as he had also paid contributions during his studies from 1948 to 1951 and during his overseas stay in 1971/72, which had been wrongly not credited to him. However, the Appeals Commission, by decision of November 22, 1989, did not enter into the complaint, as according to the case law of the Federal Insurance Court, in the case of the replacement of a disability pension by an old-age pension, the grounds that led to the legally binding determination of the disability pension may no longer be modified by the judge in the case concerning the old-age pension.
Considerations
The Federal Insurance Court has now changed this previous case law. It states that in the case of the replacement of a disability pension by a new main pension, the formal legal force of the previous pension award does not exclude the judicial review competence with regard to the newly ordered main pension.
The replacement of a disability pension by an old-age pension is based on a new insurance case (reaching the AHV retirement age), which is why it is a new type of pension award. This constitutes a new object of appeal, to which the formal legal force of the…