Facts
L., born in 1959, received a full disability pension from January 1, 2003. In the context of a revision procedure in 2007, the IV-Office assumed a work capacity of 60% within the framework of an activity adapted to her condition and reduced the pension to a quarter pension. L. filed a complaint against this pension reduction. The Federal Court had to assess whether the income exemptions provided for in Art. 31 IVG only apply if the person entitled to the pension actually earns a new or higher earned income, or also if only a hypothetical disability income is credited to her.Considerations
The Federal Court concluded that Art. 31 IVG only applies if the person entitled to the pension actually earns a new or higher earned income. Cases in which only a hypothetical disability income is credited to the person are not covered. This interpretation results from a historical, teleological and systematic consideration:- According to the legislative materials, the introduction of Art. 31 IVG was intended to ensure that pension recipients who exhaust their remaining earning capacity are no longer "punished" by a pension reduction. This objective would be missed if the provision were also applicable to cases where no actual earned income is generated.
- The purpose of the norm is to provide an incentive to (re-)take up employment. This would be…