Facts
The dispute concerns the question of whether, in the context of calculating the old-age pension of the claimant, the income he received during the years of his first marriage, dissolved by the death of his spouse, should be taken into account in full or divided by two. The claimant, born in 1933, married H. in 1956, who died in 1985. Since 1992, he has been remarried to C., born in 1938. The compensation fund of the canton of Bern has granted him, with effect from February 1, 1998, a regular old-age pension of 1,815 francs per month as well as a supplementary pension for his spouse of 544 francs per month. This pension is based on an average annual determining income of 58,506 francs and on the scale of full pensions 44. The Administrative Court of the Canton of Bern dismissed the appeal by which B. requested the full consideration of his professional income earned during his first marriage. B. appealed against this decision to the Federal Insurance Court.Considerations
1. According to Art. 29quinquies para. 3 let. b OASIA, the income earned by spouses during the years of their marriage must be divided by two and attributed to each of them when one of them is entitled to an old-age pension (let. b). The question is whether this rule applies generally, regardless of the current marital status of the pension beneficiary, or only when the latter is still a widow/widower at the time the pension entitlement arises. 2. Although the wording of Art. 29quinquies para. 3 let. b OASIA is not entirely clear on this point, an interpretation taking into account the purpose, meaning and underlying value of the norm leads to the conclusion that the sharing of income must be carried out, when granting the old-age pension, for the calendar years of a previous marriage, dissolved by the…