Key legal question
Whether the appellant had a legal right to an inflation adjustment of the BVG disability pension as of 1 January 2007.
Extracted holding
No. The pension already exceeded the statutory minimum plus accumulated inflation compensation; therefore the fund was not required to grant an additional 2.2% adjustment.
Extracted reasoning
Art. 36(1) BVG applies only to the statutory minimum. For overobligatory benefits, Art. 49(2) BVG does not incorporate that rule. Since the paid pension was higher than the minimum benefit with inflation adjustment, there was no further federal-law entitlement.