Key legal question
Whether § 19(1) sentence 3 BVK Statutes allows an over-50 insured person to keep an occupational invalidity pension until age 63 without reduction based on hypothetical alternative income.
Extracted holding
Yes. For insured persons over 50, the two-year limit falls away; the pension may continue until age 63 and is reduced only by actually earned income, not by merely hypothetical earning capacity in another occupation.
Extracted reasoning
The wording of § 19(1) sentence 3 is clear. In a public-law occupational pension scheme, the statutes are interpreted primarily by their text and context. The purpose of the rule is to protect older state employees from having to seek a new job outside public service; this supports payment until age 63 and reduction only when income is actually realized under § 27(1).