Facts
The case concerns the question of whether the Federal Office for Military Insurance (FOMI) is entitled to not adjust the integrity pensions set based on the average of the maximum and minimum of the eligible annual earnings in accordance with the Gysler (EVGE 1966 p. 148) and Lendi (EVGE 1968 p. 88) judgments to the price development until the pension base according to the Gasser judgment (BGE 112 V 376) has reached the average earnings of CHF 41,972.- valid until the end of 1984.
The Federal Court had to decide whether the provisions in the ordinances of 1985, 1987, 1989, 1991 and 1992 on the adjustment of the benefits of the military insurance to wage and price developments are lawful.
Considerations
The Federal Court concluded that the FOMI is not entitled to not adjust the integrity pensions set based on the average of the maximum and minimum of the eligible annual earnings in accordance with the Gysler and Lendi judgments to the price development until the pension base according to the Gasser judgment has reached the average earnings of CHF 41,972.- valid until the end of 1984.
The provisions in the ordinances of 1985, 1987, 1989, 1991 and 1992 on the adjustment of the benefits of the military insurance to wage and price developments are unlawful. The Federal Court justified this by stating that Art. 25bis MVG does not provide for any exceptions and requires effective compensation. Furthermore, the FOMI is indirectly interfering…