Questione giuridica chiave
Whether the pension fund remains liable in the mandatory occupational pension scheme for the increase in disability from 59% to 100% after termination of the employment/pension relationship.
Decisione estratta
No. The later worsening was not shown to be sufficiently connected to the health impairment that caused the original 59% disability.
Motivazione estratta
Mandatory BVG liability requires a close temporal and substantive link between the work incapacity during the coverage period and the later disability. The court accepted the lower court's finding that the later deterioration was mainly due to a compulsive disorder's intensified effects and depression, while the compulsive disorder had not materially impaired work capacity during the insured employment and the depression arose later.