Question juridique clé
Whether the AI Office could set off a CHF 5,204 restitution claim against pension arrears owed to D.
Solution extraite
Yes. The close legal and insurance-law connection between the spouses' disability pension claims made compensation admissible despite their judicial separation.
Motifs extraits
The court held that the interdependence created by the later second insured event and the recalculation/splitting of earnings under the AVS/AI system satisfies the exception to the strict reciprocity rule of Art. 120 CO. The lack of a joint economic unit after separation is not an additional requirement for admissible set-off.