Key legal question
Whether Article 31 LAI applies to the insured person's revised earnings situation for pension revision.
Extracted holding
Article 31 LAI did not apply, because the insured had already realized a new income before 1 January 2008 and her earnings had not increased thereafter.
Extracted reasoning
Under intertemporal law, the applicable rules are those in force when the legally relevant facts occurred. The insured had resumed gainful activity in 2007 and had not experienced a post-2008 income increase; later fluctuations were decreases, not increases.