Key legal question
Whether the AHV old-age pension must be included in the overcompensation calculation under Art. 24 BVV 2.
Extracted holding
Yes. The AHV pension is generally attributable; the ordinance excludes only expressly listed benefits, and Art. 24(3) BVV 2 confirms that AHV pensions are to be taken into account.
Extracted reasoning
The court relied on its prior case law and held that the 2003 revision of Art. 24(3) BVV 2 did not remove the core reasoning, since the exclusion in Art. 24(2) remained unchanged.