Facts
X, a Spanish national suffering from schizophrenia since adolescence, was hired in 1987 as a road worker by the municipality of C. Although 100% disabled since 1982 according to the disability insurance, he was affiliated with the Pension Fund of the personnel of the municipality of C. (CPC). After behavioral problems at work, X was dismissed in 1988. He then applied for a disability pension from the CPC, but it was refused on the grounds that his disability was prior to the affiliation.
X contested this decision before the Administrative Court of the canton of Neuchâtel, which rejected his application. X then appealed to the Federal Insurance Court.
Considerations
The Federal Court upheld the rejection of X's application. It considered that Art. 1 para. 1 let. d OPP 2, which excludes from compulsory insurance persons who are at least two-thirds disabled, is not illegal. Although this exclusion may be criticized on social grounds, it actually stems from the provisions of the law and not from the ordinance.
In the present case, the Court considered that X was fully disabled at the time of his employment, without any real prospect of…