LPP invalidity pension: employment status at onset of incapacity

ATA/197/1995Court of Justice / Administrative ChamberApr 11, 1995Granted

Extracted by Omnilex

Omnilex summary

The Tribunal administratif decided a preliminary question relevant to an LPP invalidity pension. It held that the insured was still under an employment contract when the incapacity for work began. The employer could not prove that it had terminated the employment relationship with immediate effect before that date. The insured’s apparent abandonment of work therefore did not suffice to exclude coverage under Art. 23 LPP.

Omnilex headnote

Art. 23 LPP; entitlement to disability benefits depends on the existence of the insured employment relationship at the onset of the incapacity for work. Where the employer alleges termination with immediate effect before that date, it bears the burden of proving the notice and its effective date. Mere abandonment of the post is insufficient, by itself, to establish that coverage had lapsed at the relevant time; in the absence of proof of prior termination, the insured must be regarded as still employed (consid. unspecified).

Full text

Descripteurs

ASSURANCE SOCIALE; PREVOYANCE PROFESSIONNELLE; INVALIDITE(INFIRMITE); CONTRAT INDIVIDUEL DE TRAVAIL; DROIT A LA PRESTATION D'ASSURANCE; QUESTION PREJUDICIELLE

Normes

LPP.23

Résumé

Rente invalidité LPP. Question préjudicielle : l'assuré était-il toujours sous contrat de travail lorsqu'est survenu la cause de son incapacité de travail. Le TA a décidé que tel était le cas malgré l'abandon d'emploi du recourant, son employeur n'ayant pu apporter la preuve qu'il lui avait signifié son congé avec effet immédiat avant l'incapacité de travail.

Keywords

social insuranceoccupational pensioninvalidityemployment contractcoveragepreliminary questionterminationburden of proof

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the insured was still under an employment contract when the cause of incapacity for work occurred, for purposes of entitlement to an LPP invalidity pension.

Extracted holding

Yes. The court held that the employment relationship had not been shown to have ended before the incapacity began, because the employer failed to prove that it had given immediate notice of termination beforehand.

Extracted reasoning

The alleged abandonment of the job was insufficient on its own. In the absence of proof of a prior dismissal with immediate effect, the insured had to be treated as still employed at the relevant time.

LPP invalidity pension: employment status at onset of incapacityAI generated