Questão jurídica principal
Whether the insured was entitled to an early retirement pension of CHF 62,645.60 instead of CHF 57,713.95
Decisão extraída
No. The transitional guarantee preserved the pre-change pension only proportionally to the reduced annual salary, so the foundation correctly paid the lower pension.
Fundamentação extraída
The reglement distinguished between insured salary and annual salary. Although the insured could keep his insured salary after reducing work time, the transitional rule reduced the guaranteed pension when the annual salary at retirement was lower than on 31 December 2005. That condition was met.