Key legal question
Whether the appellant was entitled to an extraordinary disability pension.
Extracted holding
No. Although the five-year uninterrupted Swiss residence requirement was met, he lacked the required full insurance record for his age class, so the substantive conditions for an extraordinary pension were not satisfied.
Extracted reasoning
The convention and Swiss law require not only residence but also the material conditions of Art. 42 LAVS via Art. 39 LAI. Extraordinary pensions are limited to persons with an insurance record equal to that of their age class, which the appellant did not have because he was not insured before moving to Switzerland.