Key legal question
Whether the pension review and withdrawal under lit. a SchlBest. IV 6/1 was barred by the 15-year protection clause
Extracted holding
The protection clause did not apply because the relevant reference date for ongoing reviews already running on 1 January 2012 was that date, and the insured had not then received a pension for 15 years.
Extracted reasoning
For pending review proceedings initiated before the entry into force of the revision, the decisive date is 1 January 2012 as the fictive start of the three-year implementation period, not the earlier opening of the revision process or the later pre-notice date.