Right to Equality in the Payment of Retroactive Benefits in Case of Increase in Disability Pension

Facts

Walter [W.] has been receiving a disability pension since 1 November 1988. This was increased from a half-pension to a full pension with retroactive effect to 1 August 1990. Walter [W.] filed an application for supplementary benefits on 13 January 1991, which were granted to him from January 1991. Walter [W.] contested the fact that the supplementary benefits were only granted to him from January 1991 and not retroactively to August 1990, the date of the increase in his disability pension. The Cantonal Court dismissed his claim, considering that Art. 22 para. 2 of the Ordinance on Supplementary Benefits (OPC) only provides for the retroactive payment of benefits in cases of a reduction in the pension, and not in cases of an increase.

Considerations

The Federal Insurance Court considers that the limitation of the right to retroactive benefits to only cases of a reduction in the pension, as provided for in Art. 22 para. 2 OPC, is contrary to the principle of equal treatment. Indeed, an increase in the disability pension can have just as decisive and lasting an impact on the determining income for the right to supplementary benefits as a reduction in the…