Facts
The claimant, born in 1918, had his pension claim rejected by the Federal Insurance Court in June 1979. In December 1979, the Compensation Fund of the Canton of Valais retroactively granted him a half-pension for the period from April to June 1978, then a full pension from July 1978, following a deterioration of his health condition. The claimant contested the decision regarding the half-pension, requesting the retroactive payment of a full pension from July 1975. The Cantonal Insurance Court of Valais confirmed the decision of the Compensation Fund, considering that the pension could only be paid for the 12 months preceding the new announcement of the claim, i.e., from April 1978.Considerations
The central question is whether the transition from the half-pension to the full pension should be made according to Art. 29 para. 1 InvIA or Art. 88a para. 2 InvIO. The Federal Court considers that in the case of a simultaneous and retroactive attribution of a half-pension and a full pension, it is exclusively Art. 88a para. 2 InvIO that applies to determine the moment of the transition from the half-pension to the full pension. Art. 29 para. 1 InvIA and Art. 88bis para. 1 InvIO are not applicable in this case.
According to Art. 88a para. 2 InvIO, the change influencing the right to the pension must be taken into account as…