Questione giuridica chiave
Whether the restitution claim for supplementary benefits was time-barred under Article 25 ATSG
Decisione estratta
No; the limitation period began only when the actual occupational pension benefits became known during the March 2010 periodic review, so the September 2010 repayment order was timely.
Motivazione estratta
The relevant trigger is not the earlier error itself but the later, reasonably obtainable knowledge of the decisive facts. The fund could not be expected to investigate or enforce changes in occupational pension benefits before clear information was available, which was at the earliest from the pension fund statement of 19 February 2008 and, in any event, from the March 2010 review.