Questão jurídica principal
Whether the appellant was entitled to a BVG disability pension after 31 December 2005.
Decisão extraída
No. Because the insured employment covered only 40% of a full workload and she still had about 50% earning capacity, the insured risk under occupational pension law had not materialized for the insured share.
Fundamentação extraída
Under Art. 23 and 24 BVG and the BVK statutes, occupational pension coverage extended only to the part-time insured employment. The remaining impairment concerned household activities and an uninsured portion of earning capacity. Since she remained capable of work for the insured 40% share, no pension entitlement existed.