Facts
S., a national of State X, filed an application for an invalidity pension in Switzerland in 1992, which was rejected on the grounds that he did not meet the conditions of the former law, namely ten full years of contributions or fifteen uninterrupted years of domicile in Switzerland at the time of the occurrence of the disability. In 1997, he filed a new application, which was also rejected. The Federal Court finally upheld his appeal, considering that the new transitional provisions of the 10th revision of the OASIA now allow him to claim an invalidity pension if he meets the conditions of the new law, in particular one year of contributions at the time of the occurrence of the disability.Considerations
According to the Federal Court, when the disability occurred before January 1, 1997 and the right to a pension was denied to an applicant who is a national of a state with which Switzerland has not concluded a social security agreement, because he did not have ten full years of contributions or fifteen uninterrupted years of domicile in Switzerland, this person can now claim such a pension if he meets the conditions provided for by the new law (Art. 6 para. 2 InvIA), in particular the condition of a minimum contribution period of one year at the time of the occurrence of the disability.
In the present case, the Federal Court considered that S.'s disability had occurred in 1979, long before his arrival in Switzerland in 1987, and that he had…