Question juridique clé
Whether the AHV old-age pension must be included in the overinsurance calculation under mandatory occupational pension law
Solution extraite
No. Only benefits of the same kind and purpose paid because of the harmful event are countable; the AHV old-age pension is based on age, not the accident-related invalidity.
Motifs extraits
Art. 24 Abs. 2 BVV 2 requires factual and event-related congruence. The old-age pension is not paid because of the damaging event, and the Court reaffirmed its recent case law rejecting its inclusion.