Facts
[A.], born in 1969, concluded two tied pension insurance policies (Pillar 3a) with Vaudoise Life Insurance Company AG (Vaudoise). After a traffic accident in 2006, [A.] claimed pension benefits and premium exemption from the insurance contracts. Vaudoise refused the benefits, as according to the files of the Disability Insurance (IV), full earning capacity has existed in an adapted activity since mid-February 2008. [A.] filed a lawsuit with the Administrative Court of the Canton of Lucerne, which upheld the claim. Vaudoise then filed an appeal in public law matters with the Federal Supreme Court.Considerations
The Federal Supreme Court states that the General Insurance Conditions (AVB) of Vaudoise do not provide for any binding to the decisions of the IV. Nor is it appropriate to apply the principles of binding effect applicable in the mandatory occupational pension scheme subsidiarily, as Pillar 3a is more freely designable compared to the second pillar. Consequently, the cantonal occupational pension court must freely determine the degree of…