Claim of an insured person who became invalid after registration with the unemployment insurance, but before receiving daily allowances, to disability benefits under the BVG

Facts

H., born in 1948, worked as the manager of the branch office of X. SA since 1991. In January 2006, the employer reached an agreement with her that the employment relationship would be terminated at the end of April 2006 due to the closure of the branch office, and the employee would receive a "special premium" in the amount of 6 monthly salaries in May.

On August 8, 2006, H. applied for unemployment compensation. On September 26, 2006, H. suffered an aneurysm rupture with cerebral hemorrhage and was subsequently 100% incapacitated for work. The IV-Stelle Basel-Landschaft awarded H. a half disability pension with effect from September 1, 2007 by decision of October 2, 2008, and a three-quarter pension from November 1, 2008 by decision of October 6, 2011.

With a claim filed on May 24, 2012, H. requested that the Stiftung Auffangeinrichtung BVG be obliged to pay her disability benefits from occupational pension insurance. The Administrative Court of the Canton of Bern dismissed the claim.

Considerations

The Federal Court decided that H. fulfilled all the requirements for receiving unemployment compensation under Art. 8 AVIG at the time of her illness on September 26, 2006. The decisive factor is when the compensable days begin, not the time of the actual payment of the daily allowances. Since H. was unemployed and employable when she registered in August 2006 and met the…