Facts
K. worked at company B. AG from July 1, 1995 to October 31, 1998 and was insured with the pension fund X. during this time. From November 1, 1998 to January 10, 2000, she received daily allowances from the unemployment insurance and was thus insured with the Substitute Occupational Pension Plan Foundation (Stiftung Auffangeinrichtung BVG). By decision dated April 3, 2001, the IV-Office of the Canton of Zurich awarded K. a half disability pension from the Disability Insurance with effect from October 1, 2000. Both the Substitute Occupational Pension Plan Foundation and the pension fund X. rejected the payment of disability benefits from the occupational pension scheme.
On September 29, 2011, K. filed a lawsuit against the Substitute Occupational Pension Plan Foundation, claiming the BVG pension and premium exemption. However, the Social Insurance Court of the Canton of Zurich dismissed the claim due to the statute of limitations.
Considerations
The Federal Supreme Court concluded that the claimant's entitlement to disability benefits from the occupational pension scheme has not lapsed despite the termination of the pension relationship. Although the wording of Art. 41 para. 1 BVG suggests that the provision only applies "if the insured persons have not left the pension institution at the time of the insured event", the legislative history of the norm shows that "insured event" in the context of disability benefits refers to the onset of incapacity for work, the cause of which led to the disability. This point in time is before the expiry of the waiting period and thus before the entitlement to the IV pension arises.
Since the claimant's entitlement to disability benefits had not lapsed in October 2000 when…