Facts
[B.] worked as a carpenter at the company [H. AG] from 1 October 1997. On 10 December 2003, the employer terminated his employment with effect from 29 February 2004, citing business reasons. During his employment, [B.] was insured with the Berna Swiss Pension and Survivors' Foundation, Bern, which merged with the BVG Collective Foundation of Allianz Schweiz, Life Insurance Company, Zurich, in June 2004.
On 8 April 2004, [B.] applied to the Collective Foundation for benefits. His general practitioner certified him as fully incapable of work from 10 December 2003. The Collective Foundation confirmed the exemption from contributions from 17 March 2004. [B.] received a three-quarter disability pension (degree of disability: 65%) from the Disability Insurance from 1 December 2004 and a full pension (degree of disability: 100%) from 1 November 2005 due to a deterioration of his health condition.
[B.] filed a lawsuit against the Collective Foundation, requesting the payment of a full disability pension from 1 December 2005. The Insurance Court of the Canton of St. Gallen upheld the claim and obliged the Collective Foundation to pay [B.] a full regulatory disability pension plus 5% interest from 22 January 2009 on the outstanding benefits after the termination of the daily allowance payments by the former employer.
Considerations
The Federal Court confirmed the decision of the lower instance. It stated that the entitlement to benefits from the mandatory occupational pension scheme due to disability requires that the incapacity for work, the cause of which led to the disability, occurred during the pension relationship…