Facts
K., born in 1969, was retroactively awarded a full 100% disability pension by the compensation fund of the canton of St. Gall as of April 1, 1993. This pension was determined based on a contribution period of three years and an average annual determining income of CHF 66,552 (for 1993/94) and CHF 68,676 (for 1995), which resulted in a full pension under scale 44 of the pension scales published by the Federal Social Insurance Office (OFAS) of CHF 1,865 per month (until December 31, 1994) and CHF 1,924 per month (from January 1, 1995). K. contested this decision, requesting the highest possible disability pension.Considerations
The Federal Insurance Court considers that Art. 30(2) OASIA, governing the calculation of the average annual determining income, is directly applicable to the calculation of the disability pension under Art. 36(2) InvIA. It is not permissible to deviate from the rules for calculating the old-age pension, even if the provisions of the OASIA concerning the calculation of pensions are simply applicable by analogy in the context of disability insurance.
The Federal Court notes that the legislator has deliberately refrained from providing specific calculation rules for disability insurance for insured persons whose entitlement to a…