Whether the 2007 pension fund overinsurance clause was lawful in the mandatory and extra-mandatory occupational pension area.
The new clause was lawful; in the extra-mandatory area the fund could replace the prior dynamic benchmark with the pre-disability income benchmark, and this did not amount to unconstitutional unequal treatment or arbitrariness.
Pension institutions have wide autonomy in the extra-mandatory area but remain bound by minimum constitutional standards. A simplification of the overinsurance calculation that may disadvantage some insured persons is permissible if it applies equally and stays within constitutional limits.