Facts
Marie-Anne [D.], a member of the Pension Fund of the Teaching Staff of Public Education and Officials of the Administration of the Canton of Geneva (CIA), was recognized as disabled by this fund with effect from January 1, 1984. The CIA then granted her a monthly disability pension as well as a "AI advance" of 979 francs per month. In December 1984, Marie-Anne [D.] informed the CIA of a decision by the Federal Disability Insurance granting her a full disability pension retroactively as of December 1, 1983. The CIA then continued to pay the "AI advance" until September 1986, when it realized its error and requested its member to refund the advances paid, i.e. 31,328 francs.
Marie-Anne [D.] contested having to pay the CIA the amount claimed, invoking the violation of the principle of good faith by the fund. The Cantonal Insurance Court dismissed the insured's appeal and ordered her to pay the CIA the amount of 31,328 francs. Marie-Anne [D.] then filed an administrative law appeal with the Federal Insurance Court.
Considerations
The Federal Insurance Court considers that the obligation to refund undue benefits is based primarily on the special provisions that provide for it and, failing that, on the general rules of unjust enrichment within the meaning of Articles 62 to 67 of the Code of Obligations (CO). In the field of old-age and survivors' insurance (AVS), the same obligation arises from Article 47(1) of the Federal Act on Old-Age and Survivors' Insurance (LAVS), applicable by reference in disability insurance.
Regarding occupational pensions, the Federal Court notes that the Federal Act on Occupational Pensions (LPP) does not contain a norm relating to the reimbursement of benefits paid in error. However, in the present case, Article 36(3) of the CIA's articles of association establishes the principle of reimbursement to the fund of the arrears received from the disability insurance during the payment of the supplementary pension.
The Federal Court considers that the…