Question juridique clé
Whether the insured was entitled to a reglementary disability pension under the pension fund rules despite the employment ending by agreement.
Solution extraite
Yes. The health reasons were decisive for ending the employment, so the conditions of Art. 33 of the regulations were met.
Motifs extraits
The Federal Supreme Court held that the regulation does not require a solely health-motivated termination; it is enough that medical reasons prevail and are decisive. The IV findings bound the fund, and the agreement-based termination did not exclude entitlement.