Questão jurídica principal
Whether the claimant had a right to supplementary overmandatory disability pension benefits from 1 November 1995.
Decisão extraída
The pension fund must pay supplementary benefits for the initial disability from 1 October 2008 onward, based on a 57% disability degree, subject to repayment of the transferred vested benefits to the extent necessary.
Fundamentação extraída
The 1995 regulations required a medical assessment and consultation with the employer, but not that incapacity be formally established during employment. The 1997 medical expertise showed a lasting incapacity already from 1 November 1995. The claim period before October 2008 was time-barred in part, but the remainder was not.