Questione giuridica chiave
Whether overpaid occupational pension benefits must be repaid under Art. 64(2) PKBV 1 and Art. 35a BVG without bad faith or reporting breach.
Decisione estratta
Yes. The applicable regulation required repayment of benefits received without entitlement, and the Federal Court held that no analogy to Art. 88bis(2) IVV was permissible for the relevant period.
Motivazione estratta
Art. 64(2) PKBV 1 governed the period at issue and provided an unconditional duty to repay benefits received without entitlement. For the overmandatory part, it excluded recourse to the IV invalidity insurance rule limiting retroactive correction to bad faith or reporting breaches.