Question juridique clé
Whether the pension fund validly withdrew from extra-mandatory occupational pension coverage for breach of the duty to disclose health conditions.
Solution extraite
The insured failed to truthfully answer material health questions; the withdrawal from extra-mandatory cover was valid.
Motifs extraits
Under the applicable pension rules, false or incomplete disclosure justified reduction to mandatory benefits. The insured omitted chronic physical and psychological ailments already existing at the time of the declaration; the six-month contractual notice period was respected.