Facts
On January 1, 2003, the Federal Act on the General Part of Social Insurance Law (ATSG) and the associated ordinance entered into force. Various substantive legal provisions in disability insurance law were also amended.
The issue to be assessed is whether the appellant is entitled to a disability pension, whereby any pension benefits could be granted at the earliest from July 1, 2000. This was denied in the objection decision of March 7, 2003. The question is whether the provisions of the ATSG apply to the present case.
Considerations
The Federal Court has decided in BGE 130 V 329 that the transitional provision of Art. 82 para. 1 ATSG does not allow for generally valid conclusions to be drawn regarding the law of intertemporal conflicts. Art. 82 para. 1 ATSG has only a limited scope and merely aims to exclude cases from the applicability of the new law in which the rights and obligations prior to January 1, 2003 have been legally binding.
For benefits that had not yet been legally determined at the time of the entry into force of the ATSG on January 1, 2003, the general rules of…