Questão jurídica principal
Whether the insured could claim a higher disability pension from the overobligatory occupational pension scheme after the increase in disability occurred after termination of the insurance relationship.
Decisão extraída
No. The pension fund had validly limited overobligatory coverage so that later worsening after termination entitles at most to BVG minimum benefits.
Fundamentação extraída
The applicable regulation clearly required insurance coverage at the time of the increase in disability. By clause 10.4.3, the fund departed from the default rule of Art. 23 BVG for the overobligatory part and limited liability for later worsening from the same cause to BVG minimum benefits only.