Facts
B. (born 1940) has been employed part-time at the Migros Cooperative since October 1975 and was a member of the Migros Pension Fund (Pension Fund). From July 24, 1990, she was fully incapable of working due to a back condition.
The Disability Insurance Commission determined a degree of disability of 52% using the mixed method, classifying B. as 60% employed and 40% as a homemaker. Consequently, the Migros Compensation Fund retroactively awarded B. a half disability pension as of May 1, 1990.
The Pension Fund informed B. that, based on the regulatory provisions, it would pay her a 50% partial disability pension as of June 1, 1991. However, B. argued that she was entitled to a full disability pension, as the Pension Fund should only consider the 70% disability in the employment sector.
Considerations
The Federal Court ruled that the obligation of pension institutions to be bound by the degree of disability determined by the Disability Insurance for partially employed persons using the mixed method is limited to the disability in the employment sector. A disability that is not based on an impairment of earning capacity cannot be decisive for occupational pensions.
Therefore, the degree of disability relevant for the assessment is principally only the one resulting for the employment…