No retroactive entitlement to child pension under occupational pension plan

ATA/493/1996Court of Justice / Administrative ChamberSep 3, 1996Dismissed

Extracted by Omnilex

Omnilex summary

The claimant, a retiree, requested a child pension under CNA's occupational pension rules. He had retired before the statutory provisions introducing child pensions came into force. The court held that although improper retroactivity is generally possible in social insurance, it requires a legislative basis. Because the applicable statutes did not provide for retroactive application, the claimant had no entitlement and the appeal was dismissed.

Omnilex headnote

Art. 17 LPP; retroactive entitlement to a child pension under occupational pension rules. Improper retroactivity is in principle admissible in social insurance law, but it presupposes a statutory basis or an equivalent legislative intent. In the absence of such a basis, a person who has already retired before the entry into force of the relevant pension provision cannot invoke the later rule to obtain benefits retroactively. The decisive criterion is whether the norm was intended to extend benefits to persons whose entitlement had already crystallized or whose retirement had already occurred before the amendment (cf. consid. 2).

Full text

Descripteurs

ASSURANCE SOCIALE; PREVOYANCE PROFESSIONNELLE; RENTE POUR ENFANT; RETROACTIVITE; ASSU

Normes

LPP.17

Résumé

La rétroactivité impropre est en principe admissible en assurance sociale mais le législateur peut ne pas la prévoir. En l'espèce, le recourant qui a pris sa retraite avant l'entrée en vigueur dans les statuts de la CNA des pensions pour enfants n'a pas droit à l'obtention d'une telle pension.

Keywords

social insuranceoccupational pensionchild pensionretroactivityretiremententitlement

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the claimant could obtain a child pension retroactively despite retiring before the statutory basis entered into force.

Extracted holding

No. The claimant had no entitlement because he retired before the child-pension rule entered into force in CNA's statutes.

Extracted reasoning

Improper retroactivity is generally admissible in social insurance, but only if the legislator provides for it. Here, the statutory framework did not grant a retroactive right to a child pension for persons already retired before the new rule became effective.

No retroactive entitlement to child pension under occupational pension planAI generated