Question juridique clé
Whether the health reservation imposed on 21 August 2006 with retroactive effect from 1 June 2005 was valid.
Solution extraite
The reservation was invalid because occupational pension health reservations may not be imposed retroactively, and no regulation allowed retroactivity.
Motifs extraits
Art. 331c CO and case law permit health reservations only when made at entry into the pension institution. The plan rules allowed reservations, but not retroactive ones.