Key legal question
Whether the CHF 13,998 refund of invalidity pension payments had to be upheld
Extracted holding
The refund had to be upheld because the payments from 1 January 2001 to 31 October 2004 were unlawfully received and no reopening title or meldepflicht violation was required in this constellation.
Extracted reasoning
The earlier pension decision had never become final for the period at issue; the later denial of entitlement and the replacement of the earlier award meant the overpaid benefits could be reclaimed. The absolute five-year limitation had not expired.