Reduction of Occupational Pension Benefits in Case of Overcompensation

Facts

The dispute opposes P. to the occupational pension foundation of company X. AG and the Administrative Court of the Canton of Lucerne. The central issue is whether the rules on overcompensation in the field of occupational pensions have been modified by the entry into force of the Federal Act on the General Part of Social Insurance Law (LPGA) and the corresponding adaptations of the Federal Act on Occupational Retirement, Survivors' and Disability Pension Plans (OPA).

Considerations

The Federal Court concludes that the entry into force of the LPGA has not resulted in a change in the legal situation regarding the rules on overcompensation. Art. 34a paras. 1 and 2 OPA and Art. 34 para. 2 OPA in its version prior to 31 December 2002 have the same substantive content. Thus, Art. 69 para. 2 LPGA, invoked by the appellant, is not applicable to occupational pensions.

The Federal Court considers that the legal conditions to be taken into account are those that prevailed until the cantonal decision was rendered (here on 5 June 2003). Consequently, it is…