Facts
The Kosovar national M., residing in Switzerland, was retroactively awarded a three-quarter disability pension by the IV-Stelle (Disability Insurance Office) of the Canton of Aargau as of August 1, 2009. The Insurance Court of the Canton of Aargau upheld his appeal regarding the entitlement to child's pensions for his children born in 1992 and 1994, who live in Kosovo. The Federal Supreme Court dismissed the appeal of the Federal Social Insurance Office against this decision.
Considerations
According to the principle that the time of the emergence of the pension entitlement and not the time of the issuance of the decision is decisive for the applicability of a social security agreement, the social security agreement between Switzerland and the former Yugoslavia was still applicable in the case of the appellant. This agreement was in force for Kosovar nationals until the end of March 2010.
Since the insurance-related requirements for the payment of a…