Replacement of the widow's pension by a simple old-age pension from the AHV and adjustment of the supplementary pension from the mandatory accident insurance

Facts

On 12 March 1999, E., born in 1931, died as a result of a traffic accident. His wife B., born on 26 August 1937, was receiving a supplementary pension from the old-age and survivors' insurance (AHV) prior to her husband's death. From 1 April 1999, she received a widow's pension from the AHV of CHF 1,608 per month, which was replaced on 1 September 1999 by a simple old-age pension of CHF 1,987. The Swiss National Accident Insurance Fund (SUVA) refused to grant a supplementary pension, on the grounds that the AHV widow's pension exceeded 90% of the insured annual salary of CHF 19,575. The Administrative Court of the Canton of Berne dismissed B.'s appeal against this decision.

Considerations

According to case law and doctrine, Art. 43 para. 1 AIO in its version in force since 1 September 1997 and Art. 33 para. 2 let. b AIO in its version applicable from 1 January 1997 are in accordance with the law and the Constitution. Art. 33 para. 2 let. b AIO provides that supplementary pensions are adjusted when the AHV or IV pension is increased or decreased due to a change in the calculation bases. This also applies when the widow's pension is replaced…