Key legal question
Whether the insured was entitled to a reglementary disability pension under the pension fund rules despite the employment ending by agreement.
Extracted holding
Yes. The health reasons were decisive for ending the employment, so the conditions of Art. 33 of the regulations were met.
Extracted reasoning
The Federal Supreme Court held that the regulation does not require a solely health-motivated termination; it is enough that medical reasons prevail and are decisive. The IV findings bound the fund, and the agreement-based termination did not exclude entitlement.