Key legal question
Whether the insured was entitled to remission of the duty to repay undue supplementary benefits under good faith.
Extracted holding
No. The insured could not invoke good faith because she failed for almost a year to inform the fund of her second-pillar pension and this omission amounted to grave negligence.
Extracted reasoning
Good faith is excluded when the overpayment results from dolus or grave negligence in the duty to report. The insured had received clear notices of the reporting duty, did not clarify the situation, and the medical file did not show an inability to understand the pension consequences.