Question juridique clé
Whether the invalidity pension had to be calculated under the old 95% benefit rate or the new 80% rate.
Solution extraite
The pension was correctly set under the new law with an 80% benefit rate because the pension decision was issued after 1 January 2006 and no pension entitlement existed before then.
Motifs extraits
The transitional rules provide that pensions not yet decided at the time of entry into force are assessed under the new law. The claimant had no medically established incapacity to work before 1 January 2006, so there was no accrued entitlement to a pension under the old regime.