Facts
The dispute concerns the calculation of overcompensation in the context of the occupational pension provision of the claimant P., recipient of a disability pension from the Disability Insurance (AI) as well as a supplementary pension from the Accident Insurance. The main question is to what extent the supplementary pension for the spouse and the double pensions for children from the AI should be taken into account in the calculation of overcompensation by the pension institution.Considerations
The Federal Insurance Court considers that the supplementary pension for the spouse paid by the AI must be fully taken into account in the calculation of overcompensation, in accordance with Art. 24 para. 2 sentence 1 OPO 2. Indeed, this supplementary pension serves the same purpose and has the same nature as the benefits of occupational pension provision, namely to ensure the appropriate maintenance of the beneficiary's usual standard of living. This interpretation, which is based on the purpose of the norm, the preparatory work and the systematics, is in line with the very broad margin of discretion conferred on the Federal Council by Art. 34 para. 2 OPA to issue regulations aimed at preventing unjustified advantages. As for the double pensions for children from the AI, they should only be taken into account up to the amount of the single pensions for children that would have continued to be paid to the claimant if his wife had not become disabled. This solution, which…