Questione giuridica chiave
Whether a hypothetical residual earning capacity must be included in the overinsurance calculation under Art. 24(2) BVV 2 as from 1 January 2005.
Decisione estratta
The revised rule applies to ongoing pensions, but the existence and amount of a hypothetical residual income must be examined concretely, with the insured person allowed to show personal and labour-market obstacles.
Motivazione estratta
The court confirmed the congruence principle and held that the pension fund may rely on the IV income assessment only presumptively. If the insured person alleges concrete obstacles to earning the same amount on the labour market, further inquiry is required.