Questão jurídica principal
Whether hypothetical residual earnings may be included in the BVG overcompensation calculation after 1 April 2011.
Decisão extraída
Yes. The appellant had to accept an imputable residual income based on his remaining work capacity; the lower court was right to assume no proven obstacles to earning it.
Fundamentação extraída
Under Art. 34a BVG and Art. 24 BVV 2, not only actual income but also income still reasonably obtainable must be counted. The insured person bears the burden of showing concrete reasons why the residual capacity cannot be exploited; his job-search efforts were limited to a 20% workload despite a 36% residual capacity.