Facts
The plaintiff, [W.] , was employed as a kitchen staff member at the [X.] old people's home from October 2001 to January 2003 and was insured with the REVOR Sammelstiftung 2. Säule. After the termination of her employment, she received a full disability pension from the disability insurance due to a mental and psychological disorder with a disability degree of 90 percent. The occupational pension institution refused to pay her a disability pension.
[W.] filed a lawsuit with the Social Insurance Court of the Canton of Zurich and requested that the Sammelstiftung pay her a disability pension from February 2003 based on a disability degree of 90 percent. The cantonal court dismissed the lawsuit.
[W.] appealed and requested the reversal of the contested decision and the obligation of the pension institution to pay her a full disability pension. The Sammelstiftung requested the dismissal of the appeal.
Considerations
The Federal Court examined whether the impairment of the ability to work, which led to disability, occurred during the duration of the pension relationship with the defendant. It found that the lower court had correctly stated the statutory and regulatory provisions regarding the claim to disability benefits from the occupational pension scheme.
The Federal Court pointed out that the determination of the time of onset of the work disability that led to disability is a question of fact. It examined whether the plaintiff was unable to work during her employment at the [X.] old people's home and whether this…