Rejection of the appeal against the reduction of the disability pension due to overcompensation

Facts

K., born in 1927, has been receiving a disability pension from the Military Insurance (MI) as well as a disability pension from the occupational pension fund of the former Federal Insurance Office (FIO) and the current Publica since October 1, 1986. In the calculation of these pensions, the benefits of the MI were deducted in advance according to Art. 9 para. 2 of the Statutes of the FIO of September 29, 1950.

In 2005, Publica informed K. that the monthly benefit would be reduced to CHF 928.90 as of January 1, 2005, due to an adjustment of the MI pension to inflation. Furthermore, Publica demanded the repayment of the overpaid pensions in the years 2003 and 2004 amounting to a total of CHF 8,329.20.

K. filed a lawsuit against the nullity of the repayment claim and the obligation of Publica to reimburse him the amount of CHF 8,329.90 plus interest and to pay him a monthly pension of at least CHF 1,507.15. The Administrative Court of the Canton of Bern dismissed the lawsuit on June 21, 2007.

Considerations

The Federal Supreme Court confirmed the decision of the Administrative Court. It found that the provisions on inflation adjustment and overcompensation were observed. The overcompensation regulations of the FIO Statutes of 1950 continue to apply to the appellant, as a "recalculation of the benefit entitlement" by the Military Insurance within the meaning of Art. 73 para. 2 lit. c no. 3 PKBV1 did not take place.

The Federal Supreme Court stated that "recalculation of the benefit entitlement" is to be understood only as a change in the pension entitlement…