Determination of the Relevant Temporal Basis of Comparison in the Context of a Pension Review

Facts

This decision of the Federal Insurance Court concerns the issue of the determining temporal basis of comparison for the examination of a change in the degree of disability during a pension review, whether at the request of the insured or ex officio by the authority. The Federal Court had to rule on the question of whether, in the context of a review procedure, only decisions that have undergone a substantive examination of the entitlement to a pension, with an establishment of the relevant facts, an assessment of the evidence and a calculation of income, should be taken into account, or whether decisions merely confirming an ongoing pension should also be considered.

Considerations

The Federal Court ruled that, in the context of a pension review procedure, whether at the request of the insured or ex officio, the determining temporal basis of comparison is the last enforceable decision that is based on a substantive examination of the entitlement to a pension, with an establishment of the relevant facts, an assessment of the evidence and a calculation of income in accordance with the law. Decisions merely confirming an ongoing…