Facts
X, divorced, worked part-time as a hospital aide at the Cantonal Hospital of Geneva. In 1996, she was granted a full disability pension from the Disability Insurance (AI), including two pensions for her children Y and Z. The pension was calculated based on a disability degree of 81.5%, considering a 100% disability in her professional activity and 63% in the performance of other usual tasks. X was also affiliated with the Pension Fund of the Public Medical Institutions of the Canton of Geneva (CEH), which granted her a reduced monthly disability pension due to overcompensation. X sued the CEH for higher disability pensions. The Administrative Court of the Canton of Geneva upheld X's claims. The CEH filed an administrative law appeal against this judgment.Considerations
According to Art. 24(1) of the Ordinance on Occupational Retirement, Survivors' and Disability Pension (OPP 2), the pension fund may reduce disability and survivors' benefits to the extent that, when added to other income to be taken into account, they exceed 90% of the annual income that the person is presumed to have lost. Disability insurance (AI) pensions are considered income to be taken into account in this calculation.
When a disability insurance (AI) pension also serves to compensate for a disability due to the inability to perform usual tasks, only the portion of this pension intended to compensate for the loss of earning capacity should be imputed in the calculation of overcompensation, in accordance with the principle of concordance of rights. This principle must be applied proportionally, taking into account the respective disability…