Facts
The Federal Office for Military Insurance (FOMI) informed the insured person Peter L. within the framework of a pension revision procedure with a proposal dated April 12, 1985, that the ongoing disability pension of 40% would be revoked as of May 31, 1985 and replaced by a disability pension of 15% and an integrity pension as of June 1, 1985. Upon the insured person's objection, the FOMI fully revoked the 40% disability pension with its decision of October 11, 1985 with effect from June 1, 1985 and awarded Peter L. an integrity pension effective June 1, 1985.
Peter L. filed a complaint against this decision. The Insurance Court of the Canton of Basel-Landschaft overturned the decision and referred the matter back to the FOMI so that it could give the insured person the opportunity to comment on any possible unfavorable change to the proposal of April 12, 1985 before issuing a new decision. The Federal Insurance Court dismissed the FOMI's administrative court appeal against the cantonal decision.
On September 21, 1987, the FOMI informed Peter L. that it would maintain the revocation of the disability pension and granted him a 30-day deadline to comment on the announced deterioration. By submission dated October 8, 1987, the insured person withdrew the objection raised against the proposal of April 12, 1985 and agreed to the original proposal.
However, with its decision of November 3, 1987, the FOMI confirmed the decision of October 11, 1985. As justification, it stated that after the deadline for accepting the proposal or filing an objection had expired, the insured person no longer had the right to choose the further course of action.
Considerations
The Federal Insurance Court concluded that the proposal under Art. 12 para. 1 of the Federal Act on Military Insurance (MIA) does not constitute a decision within the meaning of the Administrative Procedure Act (APA). Therefore, the procedure regulated in Art. 12 para. 3 MIA is not an actual objection procedure, but merely a procedure to ensure…