Decision on the reduction of the military insurance pension in the event of accumulation with the disability insurance pension

Facts

The claimant, born in 1911, receives a military insurance (MI) pension as well as a disability insurance (DI) pension due to his total disability. When calculating his MI pension, it was reduced in accordance with Art. 45 para. 1 InvIA, on the grounds that the accumulation of the MI and DI pensions exceeded his presumed annual income. The claimant contested this reduction, arguing that only half of the DI couple's pension should be taken into account, as the portion belonging to his wife should be considered her own property. The cantonal court dismissed his appeal, considering that Art. 39bis para. 4 OASIA provides for the full consideration of the DI couple's pension in the calculation of the reduction. The claimant then appealed to the SCC.

Considerations

The SCC dismissed the appeal. It considered that, despite the introduction in 1973 of the right for the wife to claim half of the DI couple's pension, the regulation of Art. 39bis para. 4 OASIA remains applicable. Although the wife's pension is now her own property, it remains subject to the same restrictions as the husband's pension, particularly in terms of non-attachability and…