Pension Fund Disability Benefit Calculation Dispute
Sintesi Legislator
Generato dall'IAAn 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.
Regesto Legislator
Generato dall'IAPension 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.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
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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
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\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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