Facts
[S.] obtained the Licentiate in 1.. and the Doctorate in Law from the University of [X.] . Subsequently, she received daily allowances from the Unemployment Insurance and was insured under the mandatory occupational pension scheme with the Substitute Occupational Pension Plan Foundation (Stiftung Auffangeinrichtung BVG). In September 1999, she reported to the IV (Disability Insurance) for benefit entitlement due to a psychosis and received a full disability pension as of June 1, 1999. In February 2001, [S.] took up a position as a jurist at a federal department with a 60% employment rate, for which she has since been insured for occupational pension with PUBLICA (Federal Pension Fund). The IV later reduced the pension to a quarter pension and ultimately terminated it. After a further deterioration of her health in March 2008, the IV again awarded [S.] a full disability pension as of March 2009. [S.] then sued PUBLICA for a disability pension, which the Administrative Court of the Canton of Bern, however, rejected.Considerations
The Federal Supreme Court upheld the decision of the Administrative Court. It stated that for the entitlement to a disability pension under Art. 23 lit. a OPA, it is decisive that the insured person was insured at the time the incapacity for work occurred, the cause of which led to the disability. The lower instance had correctly determined that the incapacity for work that led to the initial award of…