Facts
A. concluded a contract for an individual life insurance policy within the framework of the tied pension provision of Pillar 3a with the Bern Life Insurance Company (now Allianz Suisse Schweizerische Lebensversicherungs-Gesellschaft AG) in 1995. This contract was replaced with effect from May 1, 2000. According to the associated policy No. x, A. is entitled to a pension of CHF 24,000 per year from the 721st day of incapacity for work and to premium exemption from the 91st day.
From July 1 to December 31, 1998, A. received a (temporary) half disability pension from the Disability Insurance due to a chronic thoraco- and lumbovertebral syndrome. Upon his re-registration in December 2001, the IV-Stelle (Disability Insurance Office) awarded him a half disability pension (degree of disability: 50%) for the period from March 1 to May 31, 2001 and a full disability pension (degree of disability: 73%) from June 1, 2001. Allianz acknowledged its obligation to provide benefits and provided benefits in accordance with the respective degree of incapacity for work.
In the context of a revision procedure initiated in 2012, the IV-Stelle commissioned Dr. med. B. to conduct an assessment. He concluded that a work capacity of 80% in the previous occupation would have existed at the latest from 2005. However, the IV-Stelle denied the existence of a ground for revision. On April 10, 2013, Allianz provided A. with the final settlement and informed him that it would discontinue its benefits with effect from February 1, 2013.
Considerations
The Federal Supreme Court dismisses Allianz's appeal. It states that in the absence of statutory or contractual regulations, the principles that apply to the adjustment of a disability pension in the second pillar are to be applied subsidiarily and by analogy in Pillar 3a.
The Federal Supreme Court examines whether the requirements for a material revision analogous to…