Key legal question
Whether the claimed military-insurance-related pension remained tax-exempt under Art. 116 MVG and the repealed Art. 52 Abs. 2 aMVG
Extracted holding
Art. 116 MVG protects only ongoing military-insurance invalidity and survivors' pensions in its own scope; it does not preserve the old tax exemption for disability or accident pensions under the repealed law.
Extracted reasoning
The wording of Art. 116 MVG gives no support for extending the exemption. Historically and teleologically, the total revision aimed to align military insurance with other social insurances and to end the tax privilege in order to apply taxation by economic capacity. The transitional rule is narrowly confined to avoid hardship and does not continue the former exemption once the pension is adapted to the new law.