Kernrechtsfrage
Whether the income comparison for invalidity must be based on the legally relevant pension commencement date and on time-consistent values.
Extrahierter Entscheid
Yes. Both hypothetical incomes must be determined on a time-consistent basis, and for the invalid income only earnings from 2003 and 2004 could be used because the pension would start in February 2004.
Extrahierte Begründung
The court held that the lower court used an incorrect period for the self-employed income. The valid income also had to be adjusted for nominal wage development. Comparing the corrected valid and invalid incomes produced a rounded invalidity degree of 40%.