Decision of the Pension Fund of the Personnel of Company L. against K. and the Social Insurance Court of the Canton of Zurich

Facts

The Pension Fund of the Personnel of Company L. appealed against a decision of the IV Office (Disability Insurance Office) that had granted a pension to K. without having previously integrated the pension fund into the procedure. The Federal Social Insurance Court had to examine whether the absence of integration of the pension fund into the IV procedure prevents the findings and assessments made in this procedure from having a binding effect on it.

Considerations

The Federal Court considers that the principle of the constitutional right to be heard opposes the fact that a pension institution is bound by the IV's decision on the degree of disability and the beginning of the disabling incapacity to work, without having been integrated into the IV procedure. The fact that the case law admits an exception in the case of manifest implausibility does not change this violation of the right to be heard and the right to participate in the investigation of the facts.

Although positive law does not expressly provide for an obligation for the IV to inform pension institutions of its decisions, this obligation directly derives from the constitutional…