Rejection of a disability pension for the period prior to the commencement of retraining

Facts

The case concerns an insured person who registered with the Disability Insurance on February 15, 1990 and commenced training at the Commercial School X on May 7, 1990. This training was subsequently taken over by the Disability Insurance as retraining, with the insured person being awarded daily allowances for the period from May 7, 1990 to February 26, 1992.

The question to be clarified was whether the insured person was entitled to a disability pension up until the commencement of retraining on May 7, 1990.

Considerations

The Federal Court states that according to the principle of priority of integration over pension, a pension may only be granted if the insured person is not yet capable of integration due to their state of health.

The exceptions mentioned in previous decisions (BGE 100 V 191), whereby a pension can also be awarded if the administration delays the integration procedure or the insured person is in financial distress, have become obsolete with the new regulation of Art. 18 and 28 IVV (Ordinance on Disability Insurance) as of January 1, 1985. This is because now insured persons capable of integration receive waiting allowances at the latest four months after…