Facts
[A.] was employed by company C. AG and was insured for occupational pension benefits with pension fund B. In April 2002, she was dismissed, but the employment relationship was extended until the end of August 2003 due to pregnancy and childbirth. The IV (Disability Insurance) office awarded [A.] a half disability pension as of 1 April 2001. Pension fund [B.] started paying disability benefits as of 1 September 2003. In March 2008, the IV office terminated the pension, as the degree of disability was only 10%. Consequently, pension fund [B.] discontinued its benefits. [A.] filed a lawsuit against pension fund [B.] for payment of disability benefits.Considerations
The Federal Court decision states that the change of status under disability insurance law (from fully employed to partially employed) or the change in the method for determining the degree of disability (from income comparison to mixed method) is generally irrelevant for the ongoing disability pension from the occupational pension scheme. A change in the hypothetical earning capacity in the event of good health may lead to a different degree of disability, but is irrelevant for the entitlement to disability benefits from the occupational pension scheme. The decisive factor is solely whether and to what…