Facts
C., born in 1963, was employed by the City of Lucerne and insured for occupational pension benefits with the municipal pension fund (PKSL). From May 10, 2002, she was temporarily 50% and temporarily 100% incapacitated for work. Her employment relationship and the employer's obligation to continue paying her salary ended effective June 30, 2003.
On March 3, 2003, C. purchased an apartment. To finance this, she requested an advance withdrawal of CHF 48,000 (Promotion of Home Ownership, WEF) from the PKSL on April 15, 2003. The PKSL paid her this amount on April 30, 2003. Effective June 30, 2003, C. withdrew from the PKSL; the PKSL calculated a termination benefit of CHF 28,834.50 and transferred this amount on August 12, 2003.
By decisions dated November 25, 2003 and January 14, 2004, the Lucerne IV-Office awarded C. a full disability pension effective May 1, 2003. On February 13, 2004, the PKSL set a disability pension of CHF 1,012.50 per month for C. effective July 1, 2003.
Considerations
The Federal Supreme Court ruled that the advance withdrawal for the promotion of home ownership was lawful, as it occurred before the occurrence of the pension contingency of disability. According to the Federal Supreme Court, the pension contingency of disability only occurs with the commencement of the pension entitlement, not already with the beginning of the incapacity for work.
The payment of the termination benefit was also lawful, as the PKSL was not…