Facts
M., born on November 6, 1983, received a full disability pension from December 1, 2001. On December 4, 2004, she was placed in pre-trial detention. Subsequently, the IV-Office of the Canton of Aargau decided on March 31, 2005 to suspend the disability pension as of January 1, 2005 and to reclaim the pension benefits already received from January to March 2005. M. filed a complaint against this decision, which was upheld by the Insurance Court of the Canton of Aargau. The Federal Social Insurance Office (BSV) then filed an administrative court appeal with the Federal Insurance Court.Considerations
The Federal Insurance Court states that Article 21 paragraph 5 ATSG, which has been in force since January 1, 2003, is applicable to the present situation. This provision stipulates that the payment of cash benefits with the character of earnings replacement can be suspended in whole or in part during the execution of criminal or therapeutic measures.
The court concludes that pre-trial detention does not fall under the wording of "execution of criminal or therapeutic measures". However, from a teleological perspective and taking into account the…