Key legal question
Whether the claim for BVG invalidity benefits was time-barred under Art. 41 BVG
Extracted holding
The claim was not time-barred in the sense relied on by the lower court; the right to invalidity benefits as such does not lapse after ten years even if entitlement arose after the insured had left the pension institution.
Extracted reasoning
The Federal Supreme Court held that the wording of Art. 41(1) BVG cannot be followed literally where it would defeat the purpose of the revision. Legislative history shows that 'insurance event' for invalidity benefits means the onset of incapacity for work leading to disability, not the later emergence of the pension claim. There are no convincing reasons to distinguish between cases where the benefit claim arises during or after the insurance relationship.