Refusal to grant a disability pension from the occupational pension scheme as long as the insured person is receiving daily allowances from the disability insurance

Facts

A., born in 1965, was the victim of an accident on 16 July 1992 while working for M.'s company. The Swiss National Accident Insurance Fund (CNA) took over the case. Subsequently, the disability insurance granted A. vocational measures in the form of internships and training as an office employee. A. received daily allowances from the CNA until 31 May 1993, and then daily allowances from the disability insurance from 1 June 1993. On 22 December 1995, A. sued the Substitute Occupational Pension Plan Foundation (Fondation institution supplétive LPP) for payment of a monthly disability pension from 1 June 1993.

Considerations

According to case law, the right to a disability pension from the occupational pension scheme does not arise as long as rehabilitation measures are not completed and the insured person is therefore receiving daily allowances from the disability insurance. This solution respects the legislator's intention to coordinate the first and second pillars and takes into account the different purposes of daily allowances and pensions.

In the present case, the Substitute Occupational Pension Plan Foundation, as the pension institution…