Questione giuridica chiave
Whether the retirement capital due at ordinary retirement had to be credited with a fixed 1% interest rate for 2008 or with the fund's negative performance result.
Decisione estratta
The retirement capital left in the fund under the instalment option was subject to performance-based interest for the full year; the insured had no right to a fixed 1% credit.
Motivazione estratta
The regulations require advance fixing of interest only for entitlement calculation at the retirement date; once the insured chooses instalments, the capital remains in the fund and is revalued according to the annual performance, which is consistent with equal treatment and the plan structure.