Rejection of the application for indexation of a disability pension from the pre-mandatory occupational pension scheme

Facts

The dispute opposes [B.] to the pension fund of the company Micafil AG and the insurance court of the canton of Zurich. [B.] was dismissed from his employment with Micafil AG on November 30, 1983. He subsequently received a disability pension from the pension fund. [B.] requests that this pension be indexed to the development of prices, in accordance with Art. 36 of the Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans (OPA).

Considerations

The Federal Tribunal rejects B.'s request. Art. 36 OPA, which provides for the adjustment of disability and survivors' pensions to price developments, only applies to the mandatory insurance of employees in force since January 1, 1985. In the case of a disability pension from the pre-mandatory occupational pension scheme, as is the case here, the law does not impose any obligation to adjust to price developments.

Although this situation may appear unsatisfactory, as the economic value of the disability pension decreases with inflation despite voluntary adjustments, the judge does…