Facts
The insured R., born in 1939, worked for Maschinenfabrik S. AG from 1972 to the end of June 1989 and was affiliated since January 1985 to the pension fund of the SBG (Sammelstiftung BVG der SBG). Since May 1, 1989, she has been receiving a full disability pension from the Disability Insurance (AI). Furthermore, since August 1, 1989, the Swiss National Accident Insurance Fund (SUVA) has been paying her a disability pension due to a 32% loss of earning capacity caused by an occupational disease. On July 25, 1991, R. requested the SBG pension fund to also pay her a disability pension. The fund recognized this right in principle, but considered that it should only pay a partial pension of 68% due to the 32% pension already paid by SUVA. R. then brought the case before the Insurance Court of the Canton of Basel-Landschaft, which in principle upheld her right to a disability pension from the pension fund. The fund appealed this decision to the Federal Insurance Court.Considerations
The Federal Insurance Court considers that the pension fund can no longer rely on its good faith regarding the legal conformity of Art. 52 of its general provisions (AVB) from November 1990 onwards, the date at which it must have been aware of the essential content of the judgment of August 31, 1990 declaring Art. 25 para. 1 OPP 2, on which Art. 52 AVB was based, illegal. Consequently, the pension fund is required to pay the insured a…