Legislator Case Law & Legislation
I 2016 83 • VG SZ I 2016 83 AI generated

Pension Fund Disability Benefit Calculation Dispute

Case Number I 2016 83
Court / Authority
Jurisdiction Switzerland · Canton of Schwyz (CH-SZ)
Decision Date

Legislator summary

AI generated

An individual, acting as the claimant, disputed a decision by a pension fund, the defendant, regarding the calculation of disability benefits following an occupational accident that resulted in a medical restriction of capacity to work by 50%. The court reasoned that the applicable pension fund regulations, which mandated a reduction in the pension amount if the beneficiary was also entitled to loss-of-earning capacity benefits from statutory accident insurance, were valid and that the calculation method used by the pension fund, which took into account the full statutory benefit amount even though the claimant only received a partial disbursement due to an offset provision, was correct, thereby dismissing the appeal.

Legislator headnote

AI generated

Pension Fund Disability Benefit Calculation Dispute: The court reasoned that the applicable pension fund regulations, which mandated a reduction in the pension amount if the beneficiary was also entitled to loss-of-earning capacity benefits from statutory accident insurance, were valid and that the calculation method used by the pension fund, which took into account the full statutory benefit amount even though the claimant only received a partial disbursement due to an offset provision, was correct, thereby dismissing the appeal.

Keywords

AI generated
disability pension calculation occupational pension funds reduction of pension statutory benefit method of calculation occupational accident insurance Berufliche Vorsorge (Invalidenrente) | Berufliche Vorsorge (mit med. SV)
AI generated

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Full text

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\n\n| | | |\n I 2016 83 |\n |\n \n\n

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\n\n| | | |\n |\n Urteil vom 20. März 2017 |\n \n\n

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\n\n| | | |\n Besetzung |\n lic.iur. Achilles Humbel, Präsident |\n \n|\n |\n Dr.med. Bernhard Zumsteg, Richter Dr.med. Urs Gössi, Richter |\n \n|\n |\n MLaw Stefan Getzmann, Gerichtsschreiber |\n \n\n

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|\n Parteien |\n C.________, \n Kläger, \n vertreten durch Rechtsanwalt lic.iur. Walter Fritsche, \n Unterer Althof 1, 8854 Siebnen, |\n

\n|\n |\n gegen |\n

\n|\n |\n Pensionskasse B., \n Beklagte, \n vertreten durch Rechtsanwalt lic.iur. Thomas Käslin, \n Leimenstrasse 4, Postfach 466, 4003 Basel, |\n

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