Calculation of the Supplementary Pension in the Event of Concurrent Disability Pension from the Accident Insurance and Widow's Pension from the Old Age and Survivors' Insurance (AHV)

Facts

The appellant [B.] , born in 1946, suffered a traffic accident on February 2, 2000 and subsequently received benefits from the mandatory accident insurance (SUVA). On February 20, 2003, her husband passed away, and she was awarded a widow's pension from the AHV. The IV-Stelle Bern (Disability Insurance Office Bern) granted [B.] a full disability pension as of May 1, 2006. The SUVA then calculated a supplementary pension, taking into account the full amount of the IV disability pension in the calculation. [B.] filed a complaint against this calculation and demanded that only the difference between the disability pension and the widow's pension be taken into account in the calculation of the supplementary pension.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that according to Art. 20 para. 2 AIA, the full amount of the IV disability pension must generally be taken into account in the calculation of the supplementary pension. An exception is provided for in Art. 32 para. 2 AIO only in the event that the IV disability pension is increased after the accident or a survivor's pension…