Questione giuridica chiave
Whether the pension arrears claim for 1 Feb 2002 to 30 Jun 2003 was time-barred.
Decisione estratta
The five-year limitation period ran from the end of each month when each pension instalment became due; the claim was time-barred for the period claimed.
Motivazione estratta
For occupational pension periodic benefits, limitation starts with exigibility, i.e. when the right to the benefit arises, not when the insured learns of the AI decision. The same concept of exigibility applies under Art. 41 LPP as under former law and the CO rules on periodic claims.