Key legal question
Whether the arrears for the period 15 October 2005 to 31 October 2006 could be set off against the Canton of Zurich's reimbursement claim.
Extracted holding
The setoff was lawful because the canton had a clear reimbursement right for salary paid despite the insured's incapacity, and the conditions for payment to the employer under Art. 85bis IVV were met.
Extracted reasoning
The court held that § 105 VV PG gives the canton a clear reimbursement claim for salary paid for the period covered by the later pension arrears. Even if para. 4 could in principle matter, the reduction to a 40% workload was not shown to have been based on full incapacity; the reduced salary corresponded to the reduced workload, and a full disability pension does not exclude residual work capacity.