Questão jurídica principal
Whether a hypothetical earning income may be imputed in occupational pension overinsurance calculations.
Decisão extraída
Yes. The same criteria as for waived income in supplementary benefits apply, including an objective assessment of the insured person's remaining earning capacity and labour-market prospects.
Fundamentação extraída
Art. 24(2) BVV2 expressly allows counting a reasonably attainable income. Successful or unsuccessful job searches, medical restrictions, age, language skills, education, and actual labour market conditions must be assessed objectively. The insured did not rebut the presumption that she could still earn income corresponding to the IV invalid earnings.