Facts
In this case, it was about the claim for disability benefits from the occupational pension scheme. The plaintiff was 100% incapable of work in his usual occupation due to knee problems from October 1992. However, from February 1993 until the end of 1994, he was fully capable of work again in light alternating activities. Later, he was only employable at 50%. The pension fund argued that the temporal connection between the incapacity for work during the pension relationship and the disability that occurred later was interrupted, as the plaintiff had been fully capable of work for more than a year.Considerations
The Federal Court stated that the decisive factor for the occurrence of incapacity for work within the meaning of Art. 23 let. a OPA is the loss of functional performance capacity in the previous occupation. The temporal connection to the disability that occurred later, however, is assessed according to the ability to work in a reasonable activity adapted to the health impairment. However, these activities must, in relation to the usual occupation, allow the achievement of an income that excludes a pension.
In the present case, the plaintiff was fully…