Questione giuridica chiave
Which law applies to the BVG pension after the insured's disability degree rose again to 100% and later fell to 44%?
Decisione estratta
Because the pension had already begun before 1 January 2005, old law governed in principle. But once the disability degree increased again after the transition period, new law applied from that increase onward; the later decrease to 44% remained governed by the new law.
Motivazione estratta
Art. 24 and the transitional provision lit. f distinguish between pensions already running before 1 January 2005 and changes after that date. The wording 'noch' in lit. f para. 3 means that once a revision increases the disability degree, the new pension scale applies going forward. A later reduction does not switch the pension back to the old regime.