Facts
The French national Claude Weiss, born in 1953, suffered a severe traumatic brain injury in a work accident in Switzerland on September 13, 1982. The Swiss National Accident Insurance Fund (SUVA) took over the medical treatment and granted him a 100% disability pension as of August 1, 1985. On July 21, 1983, Weiss registered with the Disability Insurance (IV) and applied for vocational counseling, retraining, and a pension. The IV Commission awarded him a full disability pension as of September 1, 1983. However, the Federal Social Insurance Office rejected his application for vocational reintegration measures, as the insurance-related requirements under the Swiss-French Social Security Agreement had not been met. Weiss filed a complaint against this decision, which was upheld by the Federal Appeals Commission for AHV/IV. Subsequently, the Federal Social Insurance Office filed an administrative court appeal against the decision.Considerations
The Federal Supreme Court states that the decisive factor for the acquisition of the entitlement to benefits from the Swiss Disability Insurance is the point in time when the insured event occurred. According to the Social Security Agreement, Weiss was insured with the Swiss Disability Insurance until September 13, 1983 (one year after the accident).
With regard to the pension claim, the insured event occurred undisputedly before this date. However, the issue is when the insured event occurred with regard to the vocational reintegration measures. The Federal Supreme Court concludes that the insurance-related requirements for vocational counseling were met, as it was already indicated during the first stay in the…