Termination of an Occupational Pension Disability Pension

Facts

In this case, the issue was when an occupational pension disability pension can be terminated. The BVG collective foundation of Allianz Suisse Life Insurance Company had terminated the pension of K. K. filed a complaint against this with the Administrative Court of the Canton of Fribourg, which had upheld the complaint. Thereupon, the collective foundation filed an administrative court appeal with the Federal Insurance Court.

Considerations

The Federal Insurance Court stated that the termination or modification of an occupational pension disability pension is subject to the same substantive legal requirements as the revision of a disability insurance pension. The decisive factor is whether the circumstances relevant to the entitlement have changed significantly.

The pension institution is generally bound by the decision of the disability insurance, insofar as it was involved in the procedure and the question was decisive for the pension entitlement vis-à-vis the disability insurance. However, the pension institution can also conduct its own investigations to examine the requirements for termination of the pension. In this case, the timing of the termination is analogous to Art. 88bis para. 2…