Kernrechtsfrage
Whether the hypothetical residual earning capacity in occupational pension overcompensation must be assessed on the Swiss or Portuguese labor market for a pensioner living in Portugal.
Extrahierter Entscheid
For the regular case, it must be assessed with reference to the Swiss labor market, the same market used for the presumed lost earnings, unless the move abroad would likely have occurred even without invalidity.
Extrahierte Begründung
A purposive and constitution-conforming interpretation of Art. 24(2) BVV 2 favors congruence with the presumed lost earnings. Assessing residual earnings by foreign living-cost levels would undermine the ban on overcompensation and equal treatment, unless benefits were adjusted to purchasing power.