Facts
German national R. was employed in Switzerland from 1954 to 1961 and contributed to the Swiss AHV and IV. From 1989 onwards, he was incapable of work in Germany and applied for a disability pension from the Swiss IV. The Disability Insurance Commission for Insured Persons Residing Abroad granted him a full disability pension as of August 1990. R. filed a complaint and demanded a pension from September 1989. The Federal Social Insurance Office filed an administrative court appeal, requesting that R. be granted a half pension from December 1989 and a full pension from March 1990.Considerations
The Federal Supreme Court decided that for insured persons residing abroad, the entitlement to a pension under Art. 28 para. 1ter IVG only arises if they have been incapable of work on average by at least 50% for one year without significant interruption, and the degree of disability is at least 50% after the waiting period. A fictitious entitlement to a quarter pension, which could be increased to a higher pension upon review, is not possible for persons residing abroad.
In the present case, it follows…