Facts
The applicant, a Brazilian national born in 1962, entered Switzerland in November 1995 and married on 27 December 1995. Due to the consequences of an HIV infection known since 1995, she applied for a disability pension in March 1998. The compensation fund of the canton of Zurich rejected her application on the grounds that she did not meet the condition of the minimum contribution period of one year at the time of the disability, 1 October 1997. The Cantonal Social Insurance Court confirmed this decision.Considerations
The Federal Insurance Court examines that, contrary to the previous situation before the entry into force of the 10th revision of the AHV, an insured person can now meet the requirement of the minimum contribution period of one year entitling to an ordinary IV/AHV pension, without having personally paid contributions. Indeed, in addition to the possibility of benefiting from credits for educational or care tasks, a person who has never pursued a gainful activity can meet this condition by being married for more than 11 months to a spouse…