Calculation of the old-age pension of an insured person whose spouse receives a disability pension

Facts

The Federal Insurance Court was seized of an appeal against a decision of the Cantonal Social Insurance Court of the Canton of Zurich. The dispute concerned the calculation of the old-age pension of D., born on December 11, 1934, whose wife E., born on August 15, 1937, had been receiving a full disability pension from the disability insurance since January 1, 1997. The compensation fund had initially set D.'s old-age pension taking into account the splitting of the spouses' income in accordance with Art. 29quinquies para. 3 let. a OASIA. However, the Cantonal Court annulled this decision and referred the case back to the administration for a new calculation of the old-age pension.

Considerations

The Federal Insurance Court ruled that Art. 29quinquies para. 3 let. a OASIA, which provides for the splitting of spouses' income when both spouses are pensioners, also applies when one spouse is entitled to an old-age pension and the other to a disability pension. According to the systematic interpretation of the law, the term "pensioners" must be understood as "entitled to an old-age pension", including when one of the spouses receives a disability pension.

Furthermore, the Federal Court considered that in cases where the spouse of the person reaching retirement age receives a…