Questão jurídica principal
Whether the claimant was still insured under BVG when the disabling psychiatric incapacity arose
Decisão extraída
No. Coverage ended at the latest on 2011-12-16, after statutory continued coverage and post-termination protection, because the employer’s wage continuation duty had ended in November 2009 and later sick pay was not insured salary.
Fundamentação extraída
The court applied Art. 8 and 10 BVG together with Art. 324a OR and held that sick-pay benefits do not count as AHV-relevant income and cannot prolong BVG coverage beyond the hypothetical wage-continuation period.