Kernrechtsfrage
Whether a person drawing early old-age benefits under Art. 13(2) BVG is entitled to pensioner child pensions before age 65 under compulsory occupational pension insurance.
Extrahierter Entscheid
Yes. Early-retirement old-age benefits can fall within the compulsory BVG regime; therefore the ancillary child pension under Art. 17 BVG is due in the mandatory sector as well.
Extrahierte Begründung
Child pensions under Art. 17 BVG are an accessory statutory benefit that belongs to the BVG-required types of benefits. For an umbrella pension fund, mandatory coverage must include all benefit types prescribed by the BVG. The legislator also intended that early old-age benefits may be claimed within the compulsory regime. The fund may not reclassify the entire early-retirement pension as extra-mandatory merely because the conversion rate was not expressly adjusted in the regulations; in case of gaps, a statutory shadow calculation applies.