Questione giuridica chiave
Whether the revision of the disability pension under Art. 17 ATSG was justified on the basis of the revised income comparison.
Decisione estratta
The comparative incomes were calculated incorrectly; after including the applicable wage increases, the disability degree remained at least 60%, so the reduction to a half pension was not justified.
Motivazione estratta
The court held that the hypothetical valid income had to be determined using monthly wages and including binding collective wage increases that would have applied in good health. Using inconsistent wage components and omitting later wage adjustments produced a legally erroneous and non-binding finding.