Question juridique clé
Whether occupational pension disability benefits had to be reduced because of overcompensation under BVV 2 Art. 24(1).
Solution extraite
Yes. The 90% threshold applied and benefits could be reduced only to the extent that total counted income exceeded it.
Motifs extraits
The pension fund’s plan clause unlawfully narrowed mandatory coverage, so the statutory 90% limit under Art. 24(1) BVV 2 governed the case.